Liberty Mutual Insurance v. Bleend

—In a proceeding to permanently stay arbitration, Robert Bleend ap*645peals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Winick, J.), entered April 6, 1998, as granted the petition.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant’s contention, he was not entitled to seek further compensation through arbitration pursuant to an underinsurance provision in his insurance policy. The appellant, injured in a motor vehicle accident, commenced suit against the motorist and owner of the other vehicle. Subsequent to…