MATTER OF TRANSPORTATION INSURANCE COMPANIES v. SELLITTO


267 A.D.2d 462 (1999)

700 N.Y.S.2d 492

In the Matter of TRANSPORTATION INSURANCE COMPANIES, Respondent, v. MICHAEL SELLITTO, Appellant.

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

Decided December 27, 1999.


Ordered that the order is reversed, on the law, with costs, the petition is denied, and the parties are directed to proceed to arbitration.

In granting the petition to permanently stay the arbitration of the appellant's underinsured motorist claim, the Supreme Court relied upon a policy exclusion which, as conceded by the petitioner, was inapplicable pursuant to an amendment to the policy. Nonetheless, the "business pursuits" exclusion is applicable since the appellant...

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