Nationwide Insurance v. Kuchta

—In a proceeding pursuant to CPLR article 75 for a permanent stay of arbitration of an underinsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Roberto, J.), dated March 22, 1996, which denied the petition and dismissed the proceeding.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

The policy at issue contains a single combined limit of uninsured and underinsured motorist coverage of $10,000. The petitioner was entitled to an offset of $10,000, which is the *511amount that the…