This case is important for two reasons:

1. The Third Department recognized that where the insured in an underlying tort claim seeks a large sum for damages — i.e., $1 million — that fact alone may establish the serious nature of the insured’s injury in a declaratory judgment action between an insured and insurer (the insured usually commences a dj action to determine that notice of intent to file a supplementary underinsurance motorist claim was timely).

2. I wrote the brief and argued the appeal! Although the odds were against me (see this prior post), I believe justice prevailed.