In re the Arbitration between Utica Mutual Insurance Company

—Order and judgment reversed on the law with costs and petition dismissed. Memorandum: Supreme Court should have denied petitioner’s application to stay the arbitration of respondent’s claim for underinsured benefits.

*904On July 30, 1988, respondent was seriously injured when his car was struck from the rear by a vehicle that was not covered by a liability insurance policy. At the time of the accident, respondent had a policy of insurance with petitioner that provided both uninsured and underinsured motorist coverage. In November 1993 petitioner paid respondent the uninsured motorist benefits…