MATTER OF AUTOONE INSURANCE CO. v. SCHULERE


60 A.D.3d 670 (2009)

875 N.Y.S.2d 154

In the Matter of AUTOONE INSURANCE CO., Appellant, v. SELWYN SCHULERE et al., Respondents.

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

Decided March 3, 2009.


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

The petitioner AutoOne Insurance Company sought a permanent stay of arbitration of an uninsured motorist claim on the ground that the offending vehicle was insured on the date of the accident by the respondent Integon National Insurance Company (hereinafter Integon). A framed issue hearing was held to determine whether, prior to the date...

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