In re the Arbitration Between Utica Mutual Insurance & Leno

Order unanimously reversed on the law without costs and petition granted. Memorandum: Supreme Court erred in denying the petition for a stay of arbitration of respondent’s claim on behalf of Edward and April Leno for uninsured motorists coverage under the commercial umbrella liability policy issued by petitioner to Business Services Company of Utica. That policy contains no provision for the arbitration of disputes and affords no uninsured motorists coverage. Rather, it affords excess and extended liability coverage to insureds for damages owing to third parties. Moreover, contrary to the…