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MATTER OF METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY v. BARRIGA

281 A.D.2d 200 (2001)

727 N.Y.S.2d 304

In the Matter of METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Respondent, v. FREDDY BARRIGA et al., Appellants.

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

Decided March 8, 2001.

Supreme Court correctly held that, pursuant to the parties' policy of insurance, petitioner was entitled to offset any liability under the subject policy's SUM endorsement by the amount received by respondents from the tortfeasor's insurer (see, Matter of Allstate Ins. Co. [Stolarz], 81 N.Y.2d 219), and since the limits of respondents' policy do not exceed the amount received by respondents from the tortfeasor's carrier, which paid...

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