ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06115

Matter of Erie Ins. Co. v Rodriguez

Read the official decision: 2026 NY Slip Op 06115

Holding Supplemental underinsured motorist (SUM) coverage is not triggered when the bodily injury liability limits of the tortfeasor’s insurance policies are greater than the third-party liability limits of the policy under which the claimant seeks SUM benefits. The court affirmed the stay of arbitration because the State Farm limits exceeded the Erie policy limits.

The court’s words

SUM coverage is only triggered where the bodily injury liability insurance limits of the policy covering the tortfeasor's vehicle are less than the third-party liability limits of the policy under which a party is seeking SUM benefits

2026 NY Slip Op 06115, at the official text

the statute considers the limits of liability under all bodily injury . . . insurance policies

2026 NY Slip Op 06115, at the official text

the bodily injury liability insurance coverage limits provided under the State Farm policies were greater than that provided under the Erie policy

2026 NY Slip Op 06115, at the official text
CourtAppellate Division, Second Department
DecidedOctober 21, 2026
Citation2026 NY Slip Op 06115
Area of lawInsurance
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06115
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1380

Recommended citation

ESQ HQ, New York Law Watch, Matter of Erie Ins. Co. v Rodriguez, 2026 NY Slip Op 06115 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06115/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 21, 2026. Updated October 21, 2026.