MATTER OF NATIONWIDE INS. CO. v. KUCHTA


238 A.D.2d 510 (1997)

657 N.Y.S.2d 927

In the Matter of Nationwide Insurance Company, Appellant, v. Richard Kuchta, Respondent

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

April 21, 1997


Ordered that the order is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

The policy at issue contains a single combined limit of uninsured and underinsured motorist coverage of $10,000. The petitioner was entitled to an offset of $10,000, which is the amount that the respondent recovered from the tortfeasor (see, Matter of Deckaj v State Farm Mut. Ins. Co.

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