Casualty & Surety Co. v. Schulman

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Burstein, J.), dated September 14, 1988, which denied its application and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, and arbitration of the respondent’s supplementary uninsured motorist claim is permanently stayed.

The "declarations page” of the automobile insurance policy issued by the petitioner to the respondent indicates that the respondent purchased…