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MATTER OF NEW YORK CENT. MUT. FIRE INS. CO.

244 A.D.2d 958 (1997)

665 N.Y.S.2d 994

In the Matter of Arbitration between New York Central Mutual Fire Insurance Co., Appellant, and Richard Smith et al., Respondents

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

November 19, 1997

Order unanimously reversed on the law without costs and petition granted.

Memorandum:

Supreme Court erred in determining that an underinsurance offset provision of respondents' insurance policy is unenforceable. That provision is enforceable because the policy provides a single, combined liability limit for both uninsurance and underinsurance (see, Matter of Allstate Ins. Co. [Stolarz — N. J. Mfrs. Ins. Co.], 81 N.Y.2d...

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