CompFox AI Summary
This case concerns an appeal from an order of the Supreme Court, Kings County, which had denied an application to stay arbitration of an underinsured supplemental uninsurance motorists’ claim. The appellate court reversed this order, granting the petition and permanently staying the arbitration. The petitioner argued that it was entitled to reduce the amount payable under the supplemental uninsured motorists' coverage by all Workers' Compensation sums received by the respondent, which exceeded the policy limits. The court found this claim uncontroverted and also ruled that Regulation 35-D was inapplicable, as the subject insurance policy was issued prior to the regulation's effective date.
United States Fire Insurance v. Fotinakos is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
This case concerns an appeal from an order of the Supreme Court, Kings County, which had denied an application to stay arbitration of an underinsured supplemental uninsurance motorists’ claim. The appellate court reversed this order, granting the petition and permanently staying the arbitration. The petitioner argued that it was entitled to reduce the amount payable under the supplemental uninsured motorists' coverage by all Workers' Compensation sums received by the respondent, which exceeded the policy limits. The court found this claim uncontroverted and also ruled that Regulation 35-D was inapplicable, as the subject insurance policy was issued prior to the regulation's effective date.
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