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MATTER OF UTICA MUT. INS. CO.

221 A.D.2d 903 (1995)

634 N.Y.S.2d 320

In the Matter of the Arbitration between Utica Mutual Insurance Company, Respondent, and Jason M. Hurd, Appellant

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

November 15, 1995

Order and judgment reversed on the law with costs and petition dismissed.

Memorandum:

Supreme Court should have denied petitioner's application to stay the arbitration of respondent's claim for underinsured benefits.

On July 30, 1988, respondent was seriously injured when his car was struck from the rear by a vehicle that was not covered by a liability insurance policy. At the time of the accident, respondent...

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