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MATTER OF LIBERTY MUTUAL INSURANCE COMPANY v. D'ANTONIO

266 A.D.2d 393 (1999)

697 N.Y.S.2d 532

In the Matter of LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. CLARA D'ANTONIO, Appellant.

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

Decided November 15, 1999.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly granted the application of the petitioner, Liberty Mutual Insurance Company (hereinafter Liberty), to stay arbitration. Underinsured motorist benefits are available when the bodily injury liability limits of the offending vehicle's insurance policy are less than the bodily injury liability limits of the insured's policy (see, Insurance Law § 3420 [f] [2]; Maurizzio...

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