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Matter of Sinicropi v. State Farm Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 1977
55 A.D.2d 957 (N.Y. App. Div. 1977)

Opinion

January 31, 1977


In a proceeding to stay arbitration of petitioner's claim under the uninsured motorist provisions of his policy, the State Farm Insurance Company appeals from an order of the Supreme Court, Nassau County, dated July 20, 1976, which denied the application. Order affirmed, with $50 costs and disbursements. The appellant claimed that it was entitled to set off against any uninsured motorist award, the nofault benefits which it had paid and, since it had paid more than the limit of its liability under the uninsured motorist coverage, there was no need for arbitration. The appellant is not entitled to set off those benefits. The nofault benefits are for basic economic loss and the uninsured motorist coverage is for pain and suffering and other expenses incurred which are not compensable by no-fault benefits. Neither the Insurance Law nor the insurance policy allows the insurer to set off those benefits. To the extent that the Insurance Department's regulations are inconsistent (see 11 NYCRR 65.6 [Q]), they are not valid (see Matter of Adams [Government Employees Ins. Co.], 52 A.D.2d 118). Cohalan, Acting P.J., Margett, Suozzi and Mollen, JJ., concur.


Summaries of

Matter of Sinicropi v. State Farm Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 1977
55 A.D.2d 957 (N.Y. App. Div. 1977)
Case details for

Matter of Sinicropi v. State Farm Ins. Co.

Case Details

Full title:In the Matter of ANTHONY SINICROPI, Respondent, v. STATE FARM INSURANCE…

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

Date published: Jan 31, 1977

Citations

55 A.D.2d 957 (N.Y. App. Div. 1977)

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