MATTER OF UTICA MUT. INS. CO.


214 A.D.2d 980 (1995)

626 N.Y.S.2d 914

In the Matter of the Arbitration Between Utica Mutual Insurance Company, Appellant, and Lorraine Leno, On Behalf of Edward Leno and Another, Respondent

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

April 28, 1995


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

Memorandum:

Supreme Court erred in denying the petition for a stay of arbitration of respondent's claim on behalf of Edward and April Leno for uninsured motorists coverage under the commercial umbrella liability policy issued by petitioner to Business Services Company of Utica. That policy contains no provision for the arbitration of disputes and affords no uninsured motorists coverage...

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