MATTER OF GOV'T EMPLOYEES INS. CO. v. LOEVINGER


251 A.D.2d 664 (1998)

675 N.Y.S.2d 870

In the Matter of Government Employees Insurance Company, Respondent, v. Malka Loevinger, as Parent and Natural Guardian of Moshe Loevinger, et al., Appellants

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

June 29, 1998


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the petitioner's application to permanently stay arbitration of the infant appellant's claim for underinsured motorist benefits. The amount of supplemental uninsured motorist (hereinafter SUM) benefits available to the infant appellant under the subject policy was offset by the amount paid to the infant appellant by the tortfeasor's insurer. The record demonstrates that the petitioner...

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