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MATTER OF NATIONWIDE INSURANCE COMPANY v. McDONNELL

272 A.D.2d 547 (2000)

708 N.Y.S.2d 146

In the Matter of NATIONWIDE INSURANCE COMPANY, Appellant, v. KELLI McDONNELL, Respondent.

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

Decided May 22, 2000.

Ordered that the order is affirmed, with costs.

The respondent alleges that the decedent's vehicle was struck by a "hit-and-run" vehicle and demanded arbitration under the supplemental uninsured motorist endorsement of the decedent's insurance agreement with the petitioner, Nationwide Insurance Company (hereinafter Nationwide). Nationwide moved to stay the arbitration on the ground that there was no contact between the decedent's vehicle and the hit-and-run vehicle...

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