MATTER OF AETNA CAS. & SUR. CO. v. KUNZ


182 A.D.2d 685 (1992)

In the Matter of Aetna Casualty and Surety Company, Appellant, v. Joseph P. Kunz, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 13, 1992


Ordered that the judgment is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

Although the insurance policy at issue is arguably ambiguous as to whether the respondent had purchased merely the required uninsured motorist coverage (see, Insurance Law § 3420 [f] [1]) or whether he had also purchased underinsured motorist coverage (see, Insurance Law § 3420 [f] [2]), the petitioner was entitled...

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