State Farm Mutual Automobile Insurance v. Raglan

OPINION OF THE COURT

L. Paul Kehoe, J.

Petitioner moves for an order permanently staying the *791respondents’ demand for arbitration of their claim for supplemental underinsured motorist (SUM) benefits provided by two separate automobile liability policies issued by petitioner to respondents, who are husband and wife. Petitioner makes this motion on two grounds: first, that respondents seek the full amount of policy proceeds contrary to the insuring contracts which require a setoff for any amount recovered from the underlying tortfeasor; and secondly, that the respondents improperly seek to stack…