Massachusetts Bay Insurance v. Lannon

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion to dismiss the complaint seeking a trial de novo pursuant to the underinsured motorists coverage endorsement of the automobile insurance policy plaintiff issued to defendants John R. Ryan and Kathleen A. Ryan. That endorsement permits either party to demand a trial de novo if an arbitration award exceeds New York’s bodily injury liability limits. We conclude that that endorsement is not unconscionable or against public policy and is enforceable (see, Allstate Ins. Co. v Jacobs, 208 AD2d 578,…