Opinion
June 7, 1991
Appeal from the Supreme Court, Monroe County, Boehm, J.
Present — Callahan, J.P., Denman, Balio, Lawton and Lowery, JJ.
Order unanimously reversed on the law without costs and petition granted, in accordance with the following Memorandum: On the record before us, the only issue raised by respondent's demand for arbitration is whether offsets contained in her uninsured motorist endorsement are enforceable. Because this is an issue of contractual interpretation, which is not an arbitrable dispute under the insurance policy, petitioner is entitled to a stay of arbitration without prejudice to respondent's right to make an appropriate demand in the future (see, Matter of Kansas City Fire Mar. Ins. Co. [Barnes], 115 A.D.2d 311; see also, Nationwide Mut. Ins. Co. v Figliomeni, 147 A.D.2d 942).