IN RE: GENERAL ACCIDENT INSURANCE COMPANY (1999)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: GENERAL ACCIDENT INSURANCE COMPANY, respondent, v. Terry BROWN, appellant.

Decided: July 26, 1999

SONDRA MILLER, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON and NANCY E. SMITH, JJ.

Goldstein & Metzger, LLP, Poughkeepsie, N.Y. (Paul J. Goldstein of counsel), for appellant. George P. Gambeski, White Plains, N.Y. (Anthony J. Servino of counsel), for respondent.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Westchester County (Rudolph, J.), entered September 2, 1998, which granted the petition.

ORDERED that the order is affirmed, with costs.

The Supreme Court correctly determined that the declarations page of the policy of automobile insurance issued by General Accident Insurance Company to the appellant contains a single, combined limit of uninsured/underinsured motorist coverage. Accordingly, the offset provision set forth in the policy is valid and enforceable (see, Matter of Allstate Ins. Co. [Stolarz-N.J. Mfrs. Ins. Co.], 81 N.Y.2d 219, 597 N.Y.S.2d 904, 613 N.E.2d 936; Matter of Government Empls. Ins. Co. v. O'Haire, 247 A.D.2d 387, 667 N.Y.S.2d 917; Matter of New York Cent. Mut. Fire Ins. Co. [McGill], 244 A.D.2d 865, 665 N.Y.S.2d 993; Matter of Nationwide Ins. Co. v. Kuchta, 238 A.D.2d 510, 657 N.Y.S.2d 927). Since the amount to be offset in this case equals the limit of coverage available under the policy, the Supreme Court properly granted the petition to permanently stay arbitration (see, Matter of Nationwide Ins. Co. v. Kuchta, supra).

MEMORANDUM BY THE COURT.

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