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MATTER OF MERCURY INSURANCE GROUP v. OCANA

46 A.D.3d 561 (2007)

846 N.Y.S.2d 633

In the Matter of MERCURY INSURANCE GROUP, Appellant, v. NOEMI OCANA, Respondent, et al., Proposed Additional Respondents.

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

Decided December 4, 2007.

Ordered that the order is reversed insofar as appealed from, on the law, and the matter is remitted to the Supreme Court, Orange County, for an evidentiary hearing to determine whether Progressive Insurance Company validly disclaimed coverage of the offending vehicle for the subject accident, and thereafter, for a new determination on that branch of the petition which was to permanently stay the arbitration; and it is further,<...

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