Opinion
June 30, 1997
Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).
Ordered that the order is reversed, on the law, with costs, and the petition is granted.
The offset provision relied upon by the petitioner insurance carrier is enforceable because the policy contains a single, combined limit of uninsurance/underinsurance covered by one premium and a combined endorsement for uninsured and underinsured coverage ( see, Matter of Nationwide Ins. Co. v. Ohrablo, 236 A.D.2d 541; Matter of Allstate Ins. Co. [Stolarz — N.J. Mfrs. Ins. Co.], 81 N.Y.2d 219, 223, 230; Matter of Nationwide Mut. Ins. Co. v. Damaskinos, 238 A.D.2d 511; Matter of Nationwide Ins. Co. [Winn], 215 A.D.2d 958). Moreover, because the amount which the respondent received from the tortfeasor's insurer exceeds the amount of underinsured motorist benefits provided under the subject policy, the petitioner is entitled to a permanent stay of arbitration of the respondent's claim ( see, Matter of Nationwide Mut. Ins. Co. v. Damaskinos, supra).
Miller, J.P., Thompson, Joy and Luciano, JJ., concur.