MATTER OF TRAVELERS INS. CO.


221 A.D.2d 931 (1995)

634 N.Y.S.2d 302

In the Matter of the Arbitration between Travelers Insurance Company, Appellant, and Sonia Kelly, Respondent

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

November 15, 1995


Order unanimously reversed on the law without costs and petition granted.

Memorandum:

Supreme Court erred in dismissing the petition for a stay of arbitration. Because respondent received insurance proceeds of $10,000 from the insurer of the tortfeasor's vehicle, that vehicle was not uninsured and the uninsured motorists coverage provided by petitioner did not apply (see, Insurance Law § 3420 [f] [1]; State-Wide Ins. Co. v Curry,

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