MATTER OF GOVERNMENT EMPLOYEES INSURANCE COMPANY v. DELLAPORTE


2 A.D.3d 636 (2003)

768 N.Y.S.2d 353

In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent, v. MARIA DELLAPORTE, Respondent, and BOBBY MANAGEMENT CORP., Respondent. AMERICAN TRANSIT INS. CO., Nonparty Appellant.

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

December 15, 2003.


Ordered that the judgment is affirmed, with one bill of costs payable to Government Employees Insurance Company and Maria Dellaporte.

The appellant contends that the Supreme Court erred in staying arbitration of the claimant's demand for uninsured motorist benefits because there is insufficient evidence in the record to establish that the accident took place while she was a passenger in a vehicle owned by its insured. However, neither the appellant nor its insured...

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