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MATTER OF FEDERAL INSURANCE COMPANY v. PROVENZANO

300 A.D.2d 485 (2002)

751 N.Y.S.2d 567

In the Matter of FEDERAL INSURANCE COMPANY, Appellant, v. FRANK PROVENZANO, Respondent. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Proposed Additional Respondent.

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

Decided December 16, 2002.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

On November 13, 2000, Federal Insurance Company (hereinafter Federal), received a demand for arbitration from Frank Provenzano for uninsured motorist benefits arising out of an accident that occurred on August 18, 1999. Federal filed this petition to permanently stay arbitration and joined New York Central Mutual Fire Insurance Company (hereinafter...

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