Nationwide Insurance v. McDonnell

—In a proceeding pursuant to CPLR article 75 to confirm an arbitration award dated November 5, 1998, Nationwide Insurance Company appeals from an order of the Supreme Court, Westchester County (Barone, J.), dated May 21, 1999, which, in effect, denied the petition and granted the respondent’s application to vacate the award.

Ordered that the order is affirmed, with costs.

The respondent alleges that the decedent’s vehicle was struck by a “hit-and-run” vehicle and demanded arbitration under the supplemental uninsured motorist endorsement of the decedent’s insurance agreement with the petitioner,…