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MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. BONIFACIO

2009-04945

69 A.D.3d 864 (2010)

892 N.Y.S.2d 555

2010 NY Slip Op 523

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. ELENA BONIFACIO, Respondent.

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

Decided January 19, 2010.

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

A person's status as a resident of an insured's household "requires something more than temporary or physical presence and requires at least some degree of permanence and intention to remain" (Matter of State Farm Mut. Auto. Ins. Co. v Nicoletti, 11 A.D.3d 702, 702 [2004] [internal quotation marks...

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