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