PLNew Yorkmedium
An insured selects 250/500 BI liability on a NY personal auto policy. Without any SUM election, what underinsured motorist (UIM) protection does the insured have if struck by a tortfeasor carrying NY minimum 25/50?
Automatic 25/50 mandatory UM only — SUM must be affirmatively elected up to the BI limit under § 3420(f)(2)
BAutomatic 250/500 SUM matching BI — SUM is mandatory at BI limits
CNo coverage — UM and SUM only respond when the tortfeasor has zero insurance
DAutomatic 100/300 SUM — the statutory SUM default in New York
Why this is the answer
NY draws a sharp line between mandatory UM (§ 3420(f)(1) — equal to BI, covers uninsured/hit-and-run/MVAIC-eligible tortfeasors) and optional SUM (§ 3420(f)(2) — must be offered up to BI and can be elected or rejected; covers underinsured tortfeasors carrying less than the insured's own BI limit). A 250/500 BI insured who does not elect SUM has 250/500 UM but zero SUM. The 25/50 tortfeasor is underinsured (has some coverage), so SUM — not UM — would respond, and there is none. The insured is limited to recovery against the tortfeasor's 25/50.
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