Commerce & Industry Insurance v. Weber

In a proceeding to permanently stay arbitration of an underinsured motorist claim pursuant to CPLR article 75, the petitioner appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated July 23, 1996, which denied the petition and dismissed the proceeding.

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

The offset provision relied upon by the petitioner insurance carrier is enforceable because the policy contains a single, combined limit of uninsurance /underinsurance covered by one premium and a combined endorsement for uninsured…