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MATTER OF COMMERCIAL UNION INS. CO. v. MANDEL

234 A.D.2d 544 (1996)

651 N.Y.S.2d 174

In the Matter of Commercial Union Insurance Company, Respondent, v. Carole Mandel, Appellant

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

December 23, 1996

Ordered that the order is reversed, on the law, with costs, the application is denied, and the parties are directed to proceed with arbitration.

The application to stay arbitration should have been denied. Since the policy at issue contained a separate coverage clause for underinsured motorist coverage, any offset provision for sums received from the underinsured party's insurer is invalid (see, Matter of United...

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