In re Arbitration between Exchange Insurance

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Paragraph B of the "Limit of Liability” portion of the underinsurance endorsement issued by petitioner authorizes it to reduce the damages payable under the endorsement by the amounts paid or payable to its insured for bodily injury pursuant to workers’ compensation or disability benefit laws. Supreme Court erred in concluding that paragraph B is ambiguous, and thus, that petitioner is not entitled to an offset for the disability benefits received by its insured.

The…