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MATTER OF ALLSTATE INSURANCE COMPANY v. ROSADO

271 A.D.2d 527 (2000)

705 N.Y.S.2d 899

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. RAMON ROSADO, Respondent.

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

Decided April 10, 2000.

Ordered that the order is affirmed, with costs.

The petitioner received the demand to arbitrate on June 1, 1999, and in August 1999 commenced this proceeding to stay the arbitration on the ground that the respondent's injuries occurred as the result of an intentional act and not an accident as defined by the policy.

Contrary to the petitioner's contention, the issue of whether or not the respondent's injuries occurred...

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