Allstate Insurance v. Silver

We agree with the Supreme Court that Insurance Law § 3420 (former [f] [2]), which authorized the issuance of supplementary uninsured motorist coverage, did not prohibit the issuance of such coverage subject to a monetary limit of $10,000 in the case of injuries per person (including death), and $20,000 per occurrence. Insurance Law § 3420 (former [f] [1]), which required uninsured motorist coverage of at least $50,000 in cases of death, did not fix a similar minimum amount with respect to the supplementary uninsured coverage governed by Insurance Law § 3420 (former [f] [2]). "Even if [Insurance Law § 3420 (former [f| [1])] evidences a legislative determination that uninsured motorist protection, to be adequate, should provide at least $50,000 protection on account of death, the Legislature has not thereby required than an optional supplementary insurance policy be construed to provide that amount of coverage” (Home Indem. Co. v Allwood, 122 Misc 2d 757 , 759). The arbitrator, in awarding an amount in excess of the amount available under the policy, exceeded his power so as to render his award subject to vacatur (see, CPLR 7511 [b] [1] [iii]; Matter of Valente v Prudential Prop. & Cas. Ins. Co., 77 NY2d 894 ; Matter of Mele v General Acc. Ins. Co., 198 AD2d 731 ; see also, Matter of Sagona v State Farm Ins. Co., 218 AD2d 660 ). Bracken, J. P., Sullivan, Santucci and Krausman, JJ., concur.