Government Employees Insurance v. Phillip

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Kurtz, Ref.), dated April 27, 2011, as, after a hearing, denied the petition and directed the parties to proceed to arbitration.

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

On April 13, 2009, a vehicle insured by Government Employees Insurance Company…