Allstate Insurance v. DiBello

*402Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered September 6, 2006, which, after a framed issue hearing, denied the petition to stay arbitration of an underinsured motorist claim, unanimously reversed, on the law, without costs, and the petition granted.

Petitioner insurer carried its burden of demonstrating facts to warrant entitlement to a stay on the ground of lack of coverage (see Matter of New York Cent. Mut. Fire Ins. Co. v Marchesi, 238 AD2d 135 [1997], lv denied 90 NY2d 806 [1997]; Matter of Empire Mut. Ins. Co. [Greaney—National Union Fire Ins. Co. of Pittsburgh],…