Opinion

General Accident Insurance v. Brown

  • 263 A.D.2d 542
  • 693 N.Y.S.2d 223
  • 1999 N.Y. App. Div. LEXIS 8380
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jul 26, 1999
Status
Published
Cited by
3 cases
Authority
More cited than 66.4%

The opinion

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Westchester County (Rudolph, J.), entered September 2, 1998, which granted the petition.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the declarations page of the policy of automobile insurance issued by General Accident Insurance Company to the appellant contains a single, combined limit of uninsured/underinsured motorist coverage. Accordingly, the offset provision set forth in the policy is valid and enforceable (see, Matter of Allstate Ins. Co. [Stolarz — N.J. Mfrs. Ins. Co.], 81 NY2d 219 ; Matter of Government Empls. Ins. Co. v O’Haire, 247 AD2d 387 ; Matter of New York Cent. Mut. Fire Ins. Co. [McGill], 244 AD2d 865 ; Matter of Nationwide Ins. Co. v Kuchta, 238 AD2d 510 ). Since the amount to be offset in this case equals the limit of coverage available under the policy, the Supreme Court properly granted the petition to permanently stay arbitration (see, Matter of Nationwide Ins. Co. v Kuchta, supra). S. Miller, J. P., Santucci, Thompson and Smith, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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