Appellate Division of the Supreme Court of the State of New York October 24, 2006 (Raffellini v. State Farm Mutual Automobile Insurance)

OPINION OF THE COURT

Miller, J.P.

The plaintiff settled his action to recover damages for personal injuries against the tortfeasor for $25,000, the limit of the tortfeasor’s automobile liability policy, and subsequently commenced this breach of contract action against his own insurer, State Farm Mutual Automobile.