IN THE MATTER OF AMERICAN INTERNATIONAL INSURANCE COMPANY v. DIBUA


13 A.D.3d 365 (2004)

786 N.Y.S.2d 214

In the Matter of AMERICAN INTERNATIONAL INSURANCE COMPANY, Appellant, v. KATHERINE DIBUA et al., Respondents.

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

December 6, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs to the respondent Katherine Dibua.

The Supreme Court denied the petition of American International Insurance Company (hereinafter AIIC) for a stay of arbitration of a claim for uninsured motorist benefits, finding that the issue of whether the allegedly offending vehicle was insured on the date of the accident was for the arbitrator to decide. This was error, as the threshold issue of whether...

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