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MATTER OF GOVERNMENT EMPLOYEES INSURANCE COMPANY v. BURRELL

11 A.D.3d 463 (2004)

783 N.Y.S.2d 379

In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, Respondent, v. DALE BURRELL, Respondent, STATE FARM MUTUAL AUTOMOBILE INS. Co., Appellant, et al., Respondent.

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

October 4, 2004.

Ordered that the order is reversed, on the law, with one bill of costs, and the matter is remitted to the Supreme Court, Queens County, for a new determination after an evidentiary hearing on the issue of whether State Farm Mutual Automobile Ins. Co. validly disclaimed underinsured motorist coverage.

The petitioner, Government Employees Insurance Company (hereinafter GEICO), commenced this proceeding, inter alia, to permanently stay arbitration of its insured's claim...

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