Allstate Insurance v. Dawkins
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In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Queens County (Rios, J.), entered November 5, 2007, which denied the petition and dismissed the proceeding.
Ordered that the order is affirmed, without costs or disbursements.
The respondent Ian Dawkins allegedly was injured in an accident involving three motor vehicles. After the tortfeasorās insurer AIG Indemnity Company (hereinafter AIG) offered to settle with three victims of the accident (including Dawkins) for the full amount of the tortfeasorās policy, Dawkins demanded arbitration of a claim for underinsured motorist benefits from his own insurer, the petitioner Allstate Insurance Company (hereinafter Allstate). Allstate commenced this proceeding, for a permanent stay of such arbitration, asserting that the tortfeasorās vehicle was not āunderinsuredā because the limits for bodily injury under the AIG policy were the same as those in the Allstate policy. In opposition, Dawkins argued that he was entitled to benefits pursuant to 11 NYCRR 60-2.3 (f) (I) (c) (3) (ii) because the coverage available under the AIG policy had been reduced by payments made to other persons injured in the accident to an amount less than the bodily injury liability limit of his policy with Allstate. The Supreme Court denied Allstateās petition for a permanent stay of arbitration. We affirm.
Contrary to Allstateās contention on appeal, the Supreme Court properly declined to address its argument, made for the