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MATTER OF PROGRESSIVE INS. CO. v. BARTNER

9061N, 652286/18.

171 A.D.3d 598 (2019)

98 N.Y.S.3d 181

2019 NY Slip Op 02994

In the Matter of Progressive Insurance Company, Appellant, v. Fern Bartner et al., Respondents.

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

Decided April 23, 2019.

It is for a court, not an arbitrator, to decide the threshold issue of whether respondents were occupying the van, i.e., whether they were "insureds" entitled to demand arbitration (see e.g. Matter of Continental Cas. Co. v Lecei, 47 A.D.3d 509 [1st Dept 2008]). Unlike the agreement in Matter of Monarch Consulting, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA (26 N.Y.3d 659, 669...

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