Legal Opinion

National Ass'n of Independent Insurers v. Curiale

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

Decided February 18, 1993PublishedCited by 2 opinions

1Opinion of the Court

— Order and judgment (one paper) of the Supreme Court, New York County (Eugene L. Nardelli, J.), entered on or about September 9, 1992, dismissing the petition, unanimously affirmed, without costs.

*598There is no merit to petitioners’ contention that the mandatory provision for offset of amounts recovered from third-party tortfeasors and the anti-stacking provision required to be set forth in underinsured motorist endorsements pursuant to the regulation adopted by the Department of Insurance (11 NYCRR subpart 60-2 [Regulation No. 35-D]; Insurance Law § 3420 [f] [2]) are arbitrary, capricious or…

2Cases cited4 opinions

  1. United Community Insurance v. MucatelNew York Court of Appeals · 1987
  2. United Community Insurance v. MucatelNew York Supreme Court · 1985
  3. Di Stasi v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
  4. General Accident Insurance v. BaileyAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by2 opinions

  1. In re Arbitration between Central Mutual Insurance & BemissNew York Court of Appeals · 2009
  2. Mtr of Cent Mut Ins (Bemiss)New York Court of Appeals · 2009

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