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MATTER OF NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. ST. BARNABAS COMMUNITY ENTERPRISES, INC.

48 A.D.3d 248 (2008)

851 N.Y.S.2d 473

In the Matter of NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., on Behalf of Itself and the Related Insurers that Provided Coverage, Respondent, v. ST. BARNABAS COMMUNITY ENTERPRISES, INC., et al., Appellants.

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

Decided February 7, 2008.

At issue is the arbitrability of a dispute between petitioner and its insured concerning retrospective premiums and credits allegedly due on workers' compensation policies in effect for the coverage periods of November 7, 1995 through November 7, 1998 and November 7, 2000 through November 7, 2001.

As a threshold matter, personal jurisdiction was properly obtained over St. Barnabas via service of the petition on counsel,...

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