MATTER OF COMMERCIAL UNION INSURANCE COMPANY


268 A.D.2d 296 (2000)

700 N.Y.S.2d 816

In the Matter of the Arbitration between COMMERCIAL UNION INSURANCE COMPANY, Respondent, and ERWIN KIM et al., Respondents. EAGLE INSURANCE COMPANY, Appellant, et al., Respondents.

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

Decided January 13, 2000.


The testimony of Edward Carroll, the underwriter for Eagle Insurance Company's managing agent, who admitted that the expansion record, or DP 37 form, listed the insurance code number for Eagle, and the form itself, indicating that Eagle insured the vehicle in question several months prior to respondents' accident, sufficiently supports Supreme Court's determination granting the petition for a permanent stay of arbitration of respondents' uninsured motorist claim (compare...

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