Matter of Erie Ins. Co. v Boss, 2011 NY Slip Op 03758 (4th Dept. 2011)
(1) New York policy, (2) Massachusetts accident, (3) Massachusetts tort-feasor, and (4) New York victim.
What is the result? Massachusetts law.
“We thus conclude that an individual insured under a New York automobile policy who is injured in an accident in another jurisdiction should not be placed in either a better or worse position [*2]when filing a SUM benefits claim than he or she would have been if the tortfeasor had been fully insured. To apply New York law to the measure of damages in this case would not be consistent with the purpose served by SUM coverage, which is to take the place of a tortfeasor’s insufficient insurance coverage.”
Compare with recent New York no-fault choice of law cases.
