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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06115 |
| Area of law | Insurance |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06115 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1380 |
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.
Read how Law Watch works