Sinicropi v. State Farm Insurance

Appellate Division of the Supreme Court of New York

Sinicropi v. State Farm Insurance

55 A.D.2d 957, 391 N.Y.S.2d 444, 1977 N.Y. App. Div. LEXIS 10256

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

DecidedJanuary 31, 1977

StatusPublished

Cited by4 cases

This text of 55 A.D.2d 957 (Sinicropi v. State Farm Insurance) 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

Sinicropi v. State Farm Insurance, 55 A.D.2d 957, 391 N.Y.S.2d 444, 1977 N.Y. App. Div. LEXIS 10256 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding to stay arbitration of petitioner’s claim under the uninsured motorist provisions of his policy, the [958]*958State Farm Insurance Company appeals from an order of the Supreme Court, Nassau County, dated July 20, 1976, which denied the application. Order affirmed, with $50 costs and disbursements. The appellant claimed that it was entitled to set off against any uninsured motorist award, the no-fault benefits which it had paid and, since it had paid more than the limit of its liability under the uninsured motorist coverage, there was no need for arbitration. The appellant is not entitled to set off those benefits. The no-fault benefits are for basic economic loss and the uninsured motorist coverage is for pain and suffering and other expenses incurred which are not compensable by no-fault benefits. Neither the Insurance Law nor the insurance policy allows the insurer to set off those benefits. To the extent that the Insurance Department’s regulations are inconsistent (see 11 NYCRR 65.6 [Q]), they are not valid (see Matter of Adams [Government Employees Ins. Co.], 52 AD2d 118). Cohalan, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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In a proceeding to stay arbitration of petitioner’s claim under the uninsured motorist provisions of his policy, the [958]*958State Farm Insurance Company appeals from an order of the Supreme Court, Nassau County, dated July 20, 1976, which denied the application. Order affirmed, with $50 costs and disbursements. The appellant claimed that it was entitled to set off against any uninsured motorist award, the no-fault benefits which it had paid and, since it had paid more than the limit of its liability under the uninsured motorist coverage, there was no need for arbitration. The appellant is not entitled to set off those benefits. The no-fault benefits are for basic economic loss and the uninsured motorist coverage is for pain and suffering and other expenses incurred which are not compensable by no-fault benefits. Neither the Insurance Law nor the insurance policy allows the insurer to set off those benefits. To the extent that the Insurance Department’s regulations are inconsistent (see 11 NYCRR 65.6 [Q]), they are not valid (see Matter of Adams [Government Employees Ins. Co.], 52 AD2d 118). Cohalan, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

55 A.D.2d 957, 391 N.Y.S.2d 444, 1977 N.Y. App. Div. LEXIS 10256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sinicropi-v-state-farm-insurance-nyappdiv-1977.

Opinion

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