Matarasso v. Continental Casualty Co

In Matarasso v. Continental Casualty Co. (N.Y. App. 1981), 82 A.D.2d 861, 440 N.Y.S.2d 40, the claimants sought uninsured motorist coverage under a "Commercial Umbrella Liability Policy" issued by the defendant insurance company. Id. The umbrella policy protected the insured against claims by third parties in excess of the total applicable limits of liability of certain underlying liability policies, including an automobile liability policy. Id. The umbrella policy, which incorporated by reference provisions of the underlying policies with respect to liability coverage, did not include UIM coverage. Id.