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AETNA CASUALTY AND SURETY COMPANY v. PLACEK

Appellate Division of the Supreme Court of New York, Second Department.
Aug 21, 1995

Ordered that the order is affirmed, with costs.

The defendant, injured in an automobile accident in December 1989, moved, inter alia, to confirm a $30,000 arbitration award in her favor on the ground that a supplementary uninsured motorist provision contained in the insured's insurance policy was unconscionable and against public policy. The provision provided for the arbitration of uninsured motorist coverage claims but stated that if an arbitration award exceeded the $10,000 limit set forth in Insurance Law ยง 3420(f)(2), either party, the insured or the insurer, had the right to seek a trial de novo. The Supreme Court properly denied the defendant's motion (see, Allstate Ins. Co. v. Jacobs, 208 A.D.2d 578; Massachusetts Bay Ins. Co. v. Lannon, 216 A.D.2d 954). Miller, J.P., O'Brien, Ritter and Goldstein, JJ., concur.