Opinion
July 5, 1994
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the petitioner's application to stay arbitration. Underinsured motorist coverage will only be available where the limits of liability of the motor vehicle liable for the damages are in a lesser amount than the bodily injury liability insurance limits of coverage provided by the insured's policy (see, Insurance Law § 3420 [f] [2]; Maurizzio v. Lumbermens Mut. Cas. Co., 73 N.Y.2d 951; Matter of Federal Ins. Co. v. Reingold, 181 A.D.2d 769). Here, the bodily injury liability limits of the appellants' policy were the same as the bodily injury liability limits of the tortfeasor's policy. Therefore, the tortfeasor's vehicle was not underinsured. The appellants' attempt to base their claim on a consideration of the existence of an umbrella policy issued by a different insurer by which they were also covered is without merit (see, Matter of Astuto v State Farm Mut. Auto. Ins. Co., 198 A.D.2d 503). Neither the case law nor the applicable statute (see, Insurance Law § 3420 [f] [2]) authorizes an injured party to combine its liability coverage from several policies, to determine whether or not the underinsurance benefits of one of the policies is triggered (see, Matter of Federal Ins. Co. v. Reingold, supra). Bracken, J.P., Lawrence, Joy and Goldstein, JJ., concur.