From Casetext: Smarter Legal Research

Matter of N.Y. Central Mutual Fire Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 958 (N.Y. App. Div. 1997)

Opinion

November 19, 1997

(Appeal from Order of Supreme Court, Erie County, Notaro, J. — Arbitration.)

Present — Denman, P. J., Hayes, Callahan and Fallon, JJ.


Order unanimously reversed on the law without costs and petition granted. Memorandum: Supreme Court erred in determining that an underinsurance offset provision of respondents' insurance policy is unenforceable. That provision is enforceable because the policy provides a single, combined liability limit for both uninsurance and underinsurance (see, Matter of Allstate Ins. Co. [Stolarz — N. J. Mfrs. Ins. Co.], 81 N.Y.2d 219, 223-224; cf., Matter of United Community Ins. Co. v. Mucatel, 127 Misc.2d 1045, affd without opn 119 A.D.2d 1017, affd 69 N.Y.2d 777 for the reasons stated at Special Term). Thus, respondents, who recovered $10,000 from the tortfeasor's insurer, are entitled to no more than $15,000 in underinsurance coverage from petitioner, not the full $25,000 policy limit (see, Matter of Nationwide Mut. Ins. Co. [Hunley], 210 A.D.2d 947; see also, Matter of New York Cent. Mut. Fire Ins. Co. [McGill], 244 A.D.2d 865 [decided herewith]).


Summaries of

Matter of N.Y. Central Mutual Fire Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 958 (N.Y. App. Div. 1997)
Case details for

Matter of N.Y. Central Mutual Fire Ins. Co.

Case Details

Full title:In the Matter of Arbitration between NEW YORK CENTRAL MUTUAL FIRE…

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

Date published: Nov 19, 1997

Citations

244 A.D.2d 958 (N.Y. App. Div. 1997)
665 N.Y.S.2d 994