Matter of Nationwide Mutual Insurance Co.

Full title: In the Matter of the Arbitration between NATIONWIDE MUTUAL INSURANCE CO.…

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

Date published: Dec 23, 1994

210 A.D.2d 947 (N.Y. App. Div. 1994)

621 N.Y.S.2d 1019

Opinion

December 23, 1994

Appeal from the Supreme Court, Erie County, Joslin, J.

Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly enforced the offset clause contained in respondents' insurance policy to reduce the limits of liability under that policy's supplementary uninsured motorist endorsement by $25,000, the amount paid by the insurance carrier of the tortfeasor (see, Matter of Allstate Ins. Co. [Stolarz — N.J. Mfrs. Ins. Co.], 81 N.Y.2d 219, 224).