IN THE MATTER OF TRAVELERS INDEMNITY COMPANY v. MACHADO


28 A.D.3d 569 (2006)

813 N.Y.S.2d 497

In the Matter of TRAVELERS INDEMNITY COMPANY, Respondent, v. EDUARDO A. MACHADO A. MACHADO et al., Respondents, ALLSTATE NEW JERSEY INSURANCE COMPANY, Appellant, et al., Proposed Additional Respondent.

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

April 11, 2006.


Ordered that the order is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, and the petitioner is directed to proceed to arbitration.

The petitioner commenced this proceeding to permanently stay arbitration of an uninsured motorist claim, arguing that the offending vehicle was covered by an automobile insurance liability policy issued by either the appellant or Metropolitan Property and Casualty Insurance Company. A framed-issue...

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