General Accident Insurance v. Brown

Appellate Division of the Supreme Court of New York

General Accident Insurance v. Brown

263 A.D.2d 542, 693 N.Y.S.2d 223, 1999 N.Y. App. Div. LEXIS 8380

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

DecidedJuly 26, 1999

StatusPublished

Cited by3 cases

This text of 263 A.D.2d 542 (General Accident Insurance v. Brown) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

General Accident Insurance v. Brown, 263 A.D.2d 542, 693 N.Y.S.2d 223, 1999 N.Y. App. Div. LEXIS 8380 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Westchester County (Rudolph, J.), entered September 2, 1998, which granted the petition.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the declarations page of the policy of automobile insurance issued by General Accident Insurance Company to the appellant contains a single, combined limit of uninsured/underinsured motorist coverage. Accordingly, the offset provision set forth in the policy is valid and enforceable (see, Matter of Allstate Ins. Co. [Stolarz — N.J. Mfrs. Ins. Co.], 81 NY2d 219; Matter of Government Empls. Ins. Co. v O’Haire, 247 AD2d 387; Matter of New York Cent. Mut. Fire Ins. Co. [McGill], 244 AD2d 865; Matter of Nationwide Ins. Co. v Kuchta, 238 AD2d 510). Since the amount to be offset in this case equals the limit of coverage available under the policy, the Supreme Court properly granted the petition to permanently stay arbitration (see, Matter of Nationwide Ins. Co. v Kuchta, supra). S. Miller, J. P., Santucci, Thompson and Smith, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Westchester County (Rudolph, J.), entered September 2, 1998, which granted the petition.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the declarations page of the policy of automobile insurance issued by General Accident Insurance Company to the appellant contains a single, combined limit of uninsured/underinsured motorist coverage. Accordingly, the offset provision set forth in the policy is valid and enforceable (see, Matter of Allstate Ins. Co. [Stolarz — N.J. Mfrs. Ins. Co.], 81 NY2d 219; Matter of Government Empls. Ins. Co. v O’Haire, 247 AD2d 387; Matter of New York Cent. Mut. Fire Ins. Co. [McGill], 244 AD2d 865; Matter of Nationwide Ins. Co. v Kuchta, 238 AD2d 510). Since the amount to be offset in this case equals the limit of coverage available under the policy, the Supreme Court properly granted the petition to permanently stay arbitration (see, Matter of Nationwide Ins. Co. v Kuchta, supra). S. Miller, J. P., Santucci, Thompson and Smith, JJ., concur.

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Bluebook (online)

263 A.D.2d 542, 693 N.Y.S.2d 223, 1999 N.Y. App. Div. LEXIS 8380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-accident-insurance-v-brown-nyappdiv-1999.

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