Julian v. Old Republic Insurance

— Order unanimously reversed, with costs, and application denied. Memorandum: Petitioner sustained burns resulting from a fireworks explosion while unloading a truck. No-fault benefits were denied to petitioner by the insurance company upon the ground that petitioner was not an “eligible insured person” because his injuries did not arise out of the use or operation of a motor vehicle. Petitioner sought arbitration pursuant to section 675 of the Insurance Law and the arbitrator awarded no-fault benefits upon the ground that the accident arose out of the inherent nature of the vehicle and that…