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MATTER OF CLARENDON NATIONAL INSURANCE COMPANY v. NUNEZ, SR.

48 A.D.3d 460 (2008)

850 N.Y.S.2d 639

In the Matter of CLARENDON NATIONAL INSURANCE COMPANY, Appellant, v. FRANCISCO NUNEZ, SR., et al., Respondents.

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

Decided February 5, 2008.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

On or about June 21, 2001 the respondents were involved in an automobile accident with a motor vehicle insured by nonparty Progressive Northwestern Insurance Company (hereinafter the tortfeasor's insurer). The respondents' vehicle was insured under a policy of insurance issued by the petitioner Clarendon National Insurance Company to the...

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