IN THE MATTER OF NOVA CASUALTY COMPANY v. MARTIN


57 A.D.3d 548 (2008)

870 N.Y.S.2d 55

In the Matter of NOVA CASUALTY COMPANY, Respondent, v. ORAL MARTIN, Respondent. GMAC INSURANCE COMPANY, Proposed Additional Appellant, et al., Proposed Additional Respondent.

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

December 2, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the petition which was for a framed-issue hearing to determine whether there was insurance available through GMAC Insurance Company is denied.

The petitioner's contention that there is no coverage under its policy's uninsured motorist provisions because the offending vehicle was, in fact, insured, is irrelevant to the issue of whether the instant proceeding pursuant...

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