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Matter of General Accident Ins. v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1999
263 A.D.2d 542 (N.Y. App. Div. 1999)

Opinion

Submitted May 20, 1999

July 26, 1999

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.

Goldstein Metzger, LLP, Poughkeepsie, N.Y. (Paul J. Goldstein of counsel), for appellant.

George P. Gambeski, White Plains, N.Y. (Anthony J. Servino of counsel), for respondent.

SONDRA MILLER, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, NANCY E. SMITH, JJ.


DECISION ORDER

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 N.Y.2d 219; Matter of Government Empls. Ins. Co. v. O'Haire, 247 A.D.2d 387; Matter of New York Cent. Mut. Fire Ins. Co. [McGill], 244 A.D.2d 865; Matter of Nationwide Ins. Co. v. Kuchta, 238 A.D.2d 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).


Summaries of

Matter of General Accident Ins. v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1999
263 A.D.2d 542 (N.Y. App. Div. 1999)
Case details for

Matter of General Accident Ins. v. Brown

Case Details

Full title:In the Matter of GENERAL ACCIDENT INSURANCE COMPANY, respondent, v. TERRY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 26, 1999

Citations

263 A.D.2d 542 (N.Y. App. Div. 1999)
693 N.Y.S.2d 223