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MATTER OF AETNA CAS. & SUR. CO.

200 A.D.2d 483 (1994)

606 N.Y.S.2d 228

In the Matter of the Arbitration between Aetna Casualty and Surety Company, Respondent, and Walter Gibbs et al., Respondents. Lumbermans Mutual Casualty Insurance Company, Appellant

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

January 18, 1994

On August 10, 1990, the double parked car in which respondent Gibbs was a passenger was struck from behind by a 1977 Ford. The vehicle, in which Gibbs was a passenger, was insured by petitioner Aetna, and the offending vehicle was owned by Majestic Mobile, and ostensibly insured by respondent Lumbermans.

At the hearing to determine whether the offending vehicle was insured on the day of the occurrence, a Ms. Lago, a supervisor for Lumbermans Risk Department, testified...

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