Spitaleri v. Hartford Accident & Indemnity Co.

Petition for an order confirming the arbitrator’s award in the sum of $7,500 on a claim made under the uninsured motorist indorsement of the automobile liability insurance policy issued by the respondent is granted. The parties have stipulated that that award was for the petitioner’s pain and suffering and for that amount of his special damages not paid as first-party benefits under the no-fault indorsement (the 20% of lost wages, Insurance Law, § 671, subd 2, par [a]). First-party benefits of $4,063 were previously paid on claims under the no-fault indorsement. The respondent seeks to assert…