Government Employees Insurance v. Loevinger

Appellate Division of the Supreme Court of New York

Government Employees Insurance v. Loevinger

251 A.D.2d 664, 675 N.Y.S.2d 870, 1998 N.Y. App. Div. LEXIS 7914

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

DecidedJune 29, 1998

StatusPublished

This text of 251 A.D.2d 664 (Government Employees Insurance v. Loevinger) 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

Government Employees Insurance v. Loevinger, 251 A.D.2d 664, 675 N.Y.S.2d 870, 1998 N.Y. App. Div. LEXIS 7914 (N.Y. Ct. App. 1998).

Pincite

Opinion

—In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an under insured motorist benefits claim, the appeal is from an order of the Supreme Court, Nassau County (Phelan, J.), dated June 30, 1997, which granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the petitioner’s application to permanently stay arbitration of the infant appellant’s claim for underinsured motorist benefits. The amount of supplemental uninsured motorist (hereinafter SUM) benefits available to the infant appellant under the subject policy was offset by the amount paid to the infant appellant by the tortfeasor’s insurer. The record demonstrates that the petitioner clearly notified its policyholder, the infant appellant’s father, of this SUM offset provision as part of the most recent policy renewal (see, 11 NYCRR 60-2.3 [a] [2]). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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—In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an under insured motorist benefits claim, the appeal is from an order of the Supreme Court, Nassau County (Phelan, J.), dated June 30, 1997, which granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the petitioner’s application to permanently stay arbitration of the infant appellant’s claim for underinsured motorist benefits. The amount of supplemental uninsured motorist (hereinafter SUM) benefits available to the infant appellant under the subject policy was offset by the amount paid to the infant appellant by the tortfeasor’s insurer. The record demonstrates that the petitioner clearly notified its policyholder, the infant appellant’s father, of this SUM offset provision as part of the most recent policy renewal (see, 11 NYCRR 60-2.3 [a] [2]). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

251 A.D.2d 664, 675 N.Y.S.2d 870, 1998 N.Y. App. Div. LEXIS 7914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-employees-insurance-v-loevinger-nyappdiv-1998.