Allstate Insurance v. Shaw

OPINION OF THE COURT

William P. McCooe, J.

Petitioner Allstate is moving to stay arbitration sought under an uninsured motorist endorsement contained in an automobile insurance policy issued to its insured, one Edith Wisniewski. Holly Shaw was an injured passenger in the Hertz vehicle operated by Edith Wisniewski when it was involved in a collision with a vehicle operated by V. Franco. Franco’s insurer has disclaimed coverage due to late notice and the validity of the disclaimer has been judicially determined by this court. Therefore, the dispute is between Hertz and Allstate as to who should…