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

240 A.D.2d 492 (1997)

658 N.Y.S.2d 421

In the Matter of Scott P. Enser, Respondent, v. New York Central Mutual Fire Insurance Company, Appellant. (Proceeding No. 1.) In the Matter of Antonio Demarco, Respondent, v. New York Central Mutual Fire Insurance Company, Appellant. (Proceeding No. 2.) In the Matter of Jessica Signa, Respondent, v. New York Central Mutual Fire Insurance Company, Appellant. (Proceeding No. 3.)

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

June 9, 1997

Ordered that the orders are affirmed, with one bill of costs.

The appellant insurance company contends that the award should have been reduced by the amount received by the petitioner from the tortfeasor. However, pursuant to the terms of the underinsurance endorsement at issue, other than offsets not relevant here, the policy provides only that "the limit of liability shall be reduced by all sums paid because of `bodily injury' by or on behalf of persons or...

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