The New York State Department of Insurance recently rendered an advisory opinion regarding uninsured motorist insurance.  The first question posed is as follows:

An individual has a personal auto insurance policy with Uninsured Motorist ("UM") coverage of $25,000 and has not purchased Supplementary Uninsured Motorist ("SUM") Coverage. The individual is riding a bicycle and suffers injuries in an accident with a motor vehicle that leaves the scene ("hit-and-run"). The individual suffers injuries in excess of $25,000. The individual’s insurer pays the $25,000 UM policy limit. The individual’s brother, who lives in the same household, has a separate personal auto insurance policy with SUM coverage of $100,000. May the individual file a claim under his brother’s insurance policy?