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In re the Arbitration between Nationwide Mutual Insurance & Hunley

210 A.D.2d 947 Court N.Y. App. Div. Decision date 1994-12-23 English

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p. 947
In the Matter of the Arbitration between Nationwide Mutual Insurance Co., Respondent, and Lovester S. Hunley et al., Appellants.
[621 NYS2d 1019]

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly enforced the offset clause contained in respondents’ insurance policy to reduce the limits of liability under that policy’s supplementary uninsured motorist endorsement by $25,000, the amount paid by the insurance carrier of the tortfeasor

p. 948
(see, Matter of Allstate Ins. Co. [Stolarz—N.J. Mfrs. Ins. Co.], 81 NY2d 219 , 224). (Appeal from Order of Supreme Court, Erie County, Joslin, J.—Stay Arbitration.) Present—Pine, J. P., Lawton, Fallon, Davis and Boehm, JJ.

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