MATTER OF EXCH. INS. CO.


224 A.D.2d 948 (1996)

637 N.Y.S.2d 561

In the Matter of Arbitration between Exchange Insurance Company, Appellant, and Florian Skomski, Respondent

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

February 2, 1996


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Paragraph B of the "Limit of Liability" portion of the underinsurance endorsement issued by petitioner authorizes it to reduce the damages payable under the endorsement by the amounts paid or payable to its insured for bodily injury pursuant to workers' compensation or disability benefit laws. Supreme Court erred in concluding that paragraph B is ambiguous...

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