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IN THE MATTER OF TRAVELERS INDEM. CO. (LEVY)

195 A.D.2d 35 (1993)

In the Matter of the Arbitration between Travelers Indemnity Company, Appellant, and Kenneth Levy, Respondent

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

December 30, 1993

Attorney(s) appearing for the Case

Michael Baldo of counsel (Caulfield, Galvin, Heller, Harris & Colligan, attorneys), for appellant.

Jay H. Tannenbaum for respondent.

CARRO, J. P., ROSENBERGER and ELLERIN, JJ., concur.

ASCH, J.

The facts are not in dispute. Respondent Kenneth Levy was injured in an automobile accident in Arizona, along with one Yoichi Arima. Mr. Levy and Mr. Arima were both driving rented cars. Mr. Levy brought suit in Arizona and settled for $15,000. Mr. Levy gave a general release that expressly reserved his ability to claim against his underinsured motorist coverage.

Mr. Levy is domiciled in New...

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