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MATTER OF PROGRESSIVE CAS. INS. CO. v. DURSI

206 A.D.2d 484 (1994)

615 N.Y.S.2d 998

In the Matter of Progressive Casualty Insurance Company, Respondent, v. Angela Dursi, as Administratrix of The Estate of James Dursi, Deceased, Appellant, et al., Respondents

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

July 18, 1994

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the petitioner's application to stay arbitration. The appellant was not entitled to underinsured motorist benefits under the petitioner's excess policy. The terms of the petitioner's supplementary uninsured motorist endorsement provides that the appellant's primary underinsurance coverage would be deducted from the maximum amount he could...

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