Colonial Penn Insurance v. Martich

—In a proceeding to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Lockman, J.), dated April 2, 1998, which denied the petition and dismissed the proceeding, without a hearing on the issue of whether the offending vehicle was insured at the time of the accident.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for the joinder of the proposed additional respondents Liberty Mutual Insurance Company and Bryan R.…