MATTER OF LIBERTY MUT. INS. CO.


203 A.D.2d 93 (1994)

610 N.Y.S.2d 224

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

Appellate Division of the Supreme Court of the State of New York, First Department.

April 12, 1994


Claiming that the offending vehicle was uninsured at the time of the accident, Morrissey served a demand for arbitration under the uninsured motorist clause of his policy with petitioner. Petitioner moved for an order pursuant to CPLR article 75 staying the arbitration on the ground, inter alia, that the other vehicle was insured by Allstate. Contrary to petitioner's contention, after a hearing the IAS Court properly found that Allstate established that it sent notification...

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