MATTER OF NAT'L ASS'N OF INDEP. INSURERS v. CURIALE


190 A.D.2d 597 (1993)

In the Matter of National Association of Independent Insurers et al., Appellants, and State Farm Mutual Automobile Insurance Company et al., Intervenors-Appellants, v. Salvatore R. Curiale, as Superintendent of Insurance of The State of New York, Respondent

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

February 18, 1993


There is no merit to petitioners' contention that the mandatory provision for offset of amounts recovered from third-party tortfeasors and the anti-stacking provision required to be set forth in underinsured motorist endorsements pursuant to the regulation adopted by the Department of Insurance (11 NYCRR subpart 60-2 [Regulation No. 35-D]; Insurance Law § 3420 [f] [2]) are arbitrary, capricious or irrational as violative of...

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