Opinion
November 29, 1993
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order is reversed, on the law, with costs, the motion to vacate the order dated May 9, 1991, is granted, that order is vacated, the petition is dismissed, and the petitioner is permanently stayed from proceeding to underinsured motorist arbitration against State Farm Mutual Automobile Insurance Company.
In determining whether to vacate a default, the pertinent considerations are whether the movant has presented a reasonable excuse for its default and whether it has a meritorious defense (see, IBM Corp. v Camp, Dresser McKee, 194 A.D.2d 645).
The defense which State Farm Mutual Automobile Insurance Company asserts in its motion papers, that the underinsurance provision on which the petitioner relied in making his claim has not been triggered under this particular set of conditions, is indeed a meritorious one (see, Matter of Federal Ins. Co. v Reingold, 181 A.D.2d 769). The petitioner's attempt to base his claim on a consideration of the existence of an umbrella policy issued by a different insurer by which he was also covered is precluded by the pertinent provision of the policy on which he has made his claim.
We further find that the excuse presented by State Farm Mutual Automobile Insurance Company, that it was under the impression that the insurer under the umbrella policy would handle the matter, and therefore did not oppose the motion to compel arbitration, was, under these circumstances, a reasonable one. Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.