Royal Indemnity Co. v. McMahon

Order denying petitioner’s application to stay arbitration unanimously affirmed, with $2.0 costs and disbursements to respondent-respondent. (See Matter of Bankers & Shippers Ins. Co. [Schaefer], 10 A D 2d 573, motion for leave to appeal denied 10 A D 2d 625, 7 N Y 2d 711; cf. Matter of Exchange Mut. Ins. Co. [Scandura], 8 A D 2d 799; semble, contra: Matter of American Nat. Fire Ins. Co. [McCormack], 15 Misc 2d 692; Matter of Ross v. Hardware Mut. Cas. Co., 13 Misc 2d 739; Lowe v. Ocean Acc. & Guar. Corp., 21 Misc 2d 1042.) Moreover, the insurer by its conduct, including participation in…