TECHNOLOGY INSURANCE COMPANY v. COUNTRYWIDE INSURANCE COMPANY

16587 651688/14

135 A.D.3d 455 (2016)

21 N.Y.S.3d 895

2016 NY Slip Op 00058

TECHNOLOGY INSURANCE COMPANY, as Subrogee of Glenn Wharton, Respondent, v. COUNTRYWIDE INSURANCE COMPANY, Appellant.

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

Decided January 7, 2016.


The arbitration award is supported by the "reasonable hypothesis," drawn from petitioner's unrefuted evidence and the reasonable inferences arising therefrom, that the vehicle insured by petitioner was used principally for the transportation of persons for hire, and therefore satisfied the threshold requirements of Insurance Law § 5105 (a) (see Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 N.Y.2d 214

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