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MATTER OF AUTOONE INS. CO. v. SARVIS

2013-01987, Index No. 7156/11.

111 A.D.3d 824 (2013)

975 N.Y.S.2d 457

2013 NY Slip Op 7728

In the Matter of AUTOONE INSURANCE COMPANY, Appellant, v. ANTHONY SARVIS et al., Respondents.

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

Decided November 20, 2013.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, AutoOne Insurance Company appeals from an order of the Supreme Court, Kings County (Kurtz, Ct. Atty. Ref.), dated December 3, 2012, which, after a framed issue hearing, denied the petition.

Ordered that the order is affirmed, with costs.

When an insurer disclaims coverage, "the notice of disclaimer...

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