Liberty Mutual Insurance v. Alberto

— In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, Manuel Alberto appeals from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), entered January 16, 1990, which granted the petition.

Ordered that the judgment is affirmed, with costs.

The appellant contends that the Supreme Court erred in granting the petitioner a permanent stay of arbitration be*659cause his insurance policy did in fact provide "underinsurance” coverage. We disagree. In order to be covered against "underinsured” motorists, an insured must purchase optional…