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C.G.U. Insurance Co. v. DeCaro

2/8/2002

onally, CGU never consented to DeCaro's settlement of her claim against Allstate. A pertinent provision in CGU's policy provides that:


"A. We do not provide Uninsured Motorist Coverage for `bodily injury ' sustained by any person:


"2. If that person or the legal representative settles the `bodily injury ' claim without our consent."


We are satisfied from the record before us in this case that the motion hearing justice did not err in granting CGU's motion for summary judgment on its claim for medical payment reimbursement and in granting CGU's motion to dismiss DeCaro's Uninsured/underinsured motorist claim.


For the foregoing reasons, we deny and dismiss the plaintiffs appeal and affirm the judgment of the Superior Court, to which we return the papers in the case.


Entered as an Order of this Court this 8th day of February, 2002.






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