77 N.Y.2d 894 | NY | 1991
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The courts below properly held that the petitioner’s recovery for pain and suffering under the supplemental uninsured motorist endorsement should be reduced by the amount of the workers’ compensation award.
The contract between the parties contains a standard clause which expressly provides for such an "offset,” and the contract has been approved by the Commissioner of Insurance. Unlike the minimum coverage mandated by law (Insurance Law
Petitioner’s argument, that such offsets should only be permitted when the insured would otherwise obtain a duplicate award, must be addressed to the Legislature, which alone has the power to proscribe contractual terms in that manner. In the absence of such a statutory restriction, the court is bound to enforce the contract as written
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
Order affirmed, with costs, in a memorandum.