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MATTER OF GOVERNMENT EMPLOYEES INS. CO. v. McCRACKEN

2019-08478. Index No. 714695/17.

207 A.D.3d 721 (2022)

170 N.Y.S.3d 893

2022 NY Slip Op 04724

In the Matter of Government Employees Insurance Company, Respondent, v. Alison McCracken, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 27, 2022.

Attorney(s) appearing for the Case

Ogen & Sedaghati, P.C., New York, NY (Eitan Alexander Ogen of counsel), for appellant.

Gail S. Lauzon (James G. Bilello, Hicksville, NY [Susan J. Mitola], of counsel), for respondent.

Iannacci, J.P., Miller, Genovesi and Ford, JJ., concur.

Ordered that the order is affirmed, with costs.

On June 28, 2016, Alison McCracken allegedly was injured as a pedestrian when she was struck by a vehicle. The driver of the vehicle was insured by the petitioner, Government Employees Insurance Company (hereinafter GEICO), which tendered its entire policy limit of $25,000 on McCracken's personal injury claim. Subsequently, McCracken sought supplemental uninsured/underinsured motorist (hereinafter SUM) benefits under...

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