MATTER OF NEW YORK CENTRAL MUTUAL FIRE INS. CO. v. JULIEN


298 A.D.2d 587 (2002)

749 N.Y.S.2d 73

In the Matter of NEW YORK CENTRAL MUTUAL FIRE INS. CO., Appellant, v. ANTHONY JULIEN et al., Respondents.

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

Decided October 28, 2002.


Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, the matter is remitted to the Supreme Court, Kings County, for a hearing on the issue of whether the offending vehicle was insured at the time of the accident, and the arbitration is stayed pending a new determination in accordance herewith.

The uninsured motorist indorsement of an insurance policy does not operate unless and until it has been established that...

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