TRAVELERS PROPERTY CASUALTY CORP. v. SARANITI


286 A.D.2d 256 (2001)

728 N.Y.S.2d 664

TRAVELERS PROPERTY CASUALTY CORP., Appellant, v. STEPHEN SARANITI, Respondent.

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

Decided August 16, 2001.


Since the arbitration clauses of the subject insurance policies limit arbitration to controversies pertaining to issues of fault and damages, the question of whether plaintiff is entitled to offset any supplemental underinsured motorist benefits to which defendant may be entitled under his policies with Travelers by the amount of workers' compensation benefits paid, or to be paid, to defendant, is for the court to determine (Matter of Rosenbaum [American Sur. Co.],

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