MATTER OF SPINDLER


283 A.D.2d 762 (2001)

727 N.Y.S.2d 483

In the Matter of the Arbitration between PHILIP SPINDLER, Respondent-Appellant, and NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant-Respondent.

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

Decided May 10, 2001.


Rose, J.

When petitioner was injured in a 1991 motor vehicle accident, the tortfeasor's insurance carrier paid him the $25,000 maximum policy benefit for his injuries. Petitioner then presented a claim to respondent, his insurer, for benefits under the underinsured motorist endorsement of his policy. This claim went to arbitration where the arbitrator found $80,000 in total damages "prior to credit for primary insurance." Deducting the earlier $25,000 payment, respondent...

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