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MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. STEIERT

2008-08486

68 A.D.3d 1120 (2009)

2009 NY Slip Op 9665

893 N.Y.S.2d 23

In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant, v. DAWN STEIERT et al., Respondents. ERICH JOHN BOHN et al., Proposed Additional Respondents.

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

Decided December 22, 2009.

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

In this proceeding, the petitioner New York Central Mutual Fire Insurance Company (hereinafter NYCM) sought to permanently stay arbitration of a claim for supplemental underinsured/uninsured motorist (hereinafter SUM) benefits filed by the respondent Dawn Steiert, under a policy held by her mother. One ground upon which NYCM sought to stay...

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