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MATTER OF LIBERTY MUT. INS. CO. (HOGAN)

82 N.Y.2d 57 (1993)

623 N.E.2d 536

603 N.Y.S.2d 409

In the Matter of the Arbitration between Liberty Mutual Insurance Company, Appellant, and Milicent Hogan et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 1993.

Attorney(s) appearing for the Case

Callahan, Schepp, Yuhas, Adams & Carfora, Mineola (Michael Majewski of counsel), for appellant.

Livoti, Bernstein & Moraco, New York City (Berry S. Bernstein of counsel), for respondents.

Judges SIMONS, HANCOCK, JR., BELLACOSA and LEVINE concur with Judge SMITH; Chief Judge KAYE concurs in result in a separate opinion in which Judge TITONE concurs.

SMITH, J.

The issue in this proceeding to stay arbitration is whether a "livery exclusion" contained in the uninsured motorists coverage endorsement of a personal automobile liability policy is invalid so as to require arbitration of an uninsured motorist claim. We hold that such an exclusion is not based on statute or regulation and is inconsistent with the purpose of the mandatory uninsured motor vehicle statutes...

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