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IN THE MATTER OF ALLSTATE INSURANCE COMPANY v. DUFFY

5 A.D.3d 476 (2004)

772 N.Y.S.2d 588

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. ANGELINA DUFFY, Respondent, and MERCHANTS MUTUAL INSURANCE COMPANY, Appellant. STATE FARM INDEMNITY COMPANY, Proposed Additional Respondent.

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

March 8, 2004.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Whether Angelina Duffy is entitled to uninsured/underinsured motorist benefits under a policy issued by Merchants Mutual Insurance Company (hereinafter Merchants) relates to whether certain conditions of coverage were satisfied, not whether the parties agreed to arbitrate. Accordingly, because the appellant failed to seek a stay of Angelina Duffy's demand for arbitration of her claim...

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