Legal Opinion

In re Arbitration between New York Central Mutual Fire Insurance & Smith

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 1997Published

1Opinion of the Court

—Order unanimously reversed on the law without costs and petition granted. Memorandum: Supreme Court erred in determining that an underinsurance offset provision of respondents’ insurance policy is unenforceable. That provision is enforceable because the policy provides a single, combined liability limit for both uninsurance and underinsurance (see, Matter of Allstate Ins. Co. [Stolarz— N. J. Mfrs. Ins. Co.], 81 NY2d 219, 223-224; cf., Matter of United Community Ins. Co. v Mucatel, 127 Misc 2d 1045, affd without opn 119 AD2d 1017, affd 69 NY2d 777 for the reasons *959stated at Special Term).…

2Cases cited5 opinions

  1. Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
  2. United Community Insurance v. MucatelNew York Court of Appeals · 1987
  3. United Community Insurance v. MucatelNew York Supreme Court · 1985
  4. In re the Arbitration between New York Central Mutual Fire Insurance & McGillAppellate Division of the Supreme Court of the State of New York · 1997
  5. In re the Arbitration between Nationwide Mutual Insurance & HunleyAppellate Division of the Supreme Court of the State of New York · 1994

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