MATTER OF EMPIRE INS. CO.


215 A.D.2d 253 (1995)

627 N.Y.S.2d 551

In the Matter of the Arbitration between Empire Insurance Company, Appellant, and Kerryn Mortimer, Respondent

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

May 18, 1995


There is no merit to petitioner's argument that the offending vehicle was not underinsured, the reduction in coverage clause upon which it relies being so "misleading and ambiguous" as to be unenforceable (Matter of United Community Ins. Co. v Mucatel, 127 Misc.2d 1045, 1046, affd 119 A.D.2d 1017, affd 69 N.Y.2d 777). Petitioner's arguments based on the terms of the third-party...

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