FRIEDMAN v. ALLSTATE INSURANCE COMPANY

ORDERED that the order is affirmed, with costs.

It is undisputed that the plaintiffs failed to obtain the written consent of their insurance carrier, the defendant, Allstate Insurance Company (hereinafter Allstate), before settling the underlying negligence action with the tortfeasor, and that such consent was required by the underinsurance motorist coverage provisions of the Allstate policy. Furthermore, in executing a release in favor of the tortfeasor, the plaintiffs failed to preserve Allstate's subrogation rights. Under the circumstances, the plaintiffs are precluded from asserting a claim for benefits under the underinsurance motorist provisions of the policy (see, Aetna Cas. Sur. Co. v. Longo Prods., 247 A.D.2d 497 ; Matter of State Farm Fire Cas. Co. v. Zyburo, 215 A.D.2d 566 ).

The plaintiffs' remaining contentions are either unpreserved for appellate review or have been rendered academic in light of our determination.

MANGANO, P.J., THOMPSON, ALTMAN, and LUCIANO, JJ., concur.