United States Fire Insurance v. Fotinakos

—In a proceeding to stay arbitration of an underinsured supplemental uninsurance motorists’ claim, the appeal is from an order of the Supreme Court, Kings County (Huttner, J.), dated July 24, 1991, which denied the application and directed the parties to proceed to arbitration.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and arbitration of the respondent’s claim for underinsured motorists benefits is permanently stayed.

Pursuant to the express terms of the subject insurance policy, the petitioner is entitled to reduce the amount payable under the…