Opinion
February 18, 1993
Appeal from the Supreme Court, New York County (Eugene L. Nardelli, J.).
There is no merit to petitioners' contention that the mandatory provision for offset of amounts recovered from third-party tortfeasors and the anti-stacking provision required to be set forth in underinsured motorist endorsements pursuant to the regulation adopted by the Department of Insurance (11 N.Y.CRR subpart 60-2 [Regulation No. 35-D]; Insurance Law § 3420 [f] [2]) are arbitrary, capricious or irrational as violative of public policy as set forth in Matter of United Community Ins. Co. v Mucatel ( 127 Misc.2d 1045, affd 119 A.D.2d 1017, affd 69 N.Y.2d 777) and Di Stasi v Nationwide Mut. Ins. Co. ( 132 A.D.2d 305), as those decisions were premised entirely upon non-public policy considerations (see, Matter of General Acc. Ins. Co. v Bailey, 178 A.D.2d 924).
Concur — Murphy, P.J., Carro, Kupferman, Asch and Kassal, JJ.