Home Indemnity Insurance v. Brugnatelli

OPINION OF THE COURT

Vincent R. Balletta, J.

By an order dated August 28, 1987, Justice Molloy set this stay of arbitration proceeding down for a hearing in Special Term, Part II, on the preliminary issue of whether the offending vehicle was insured. The matter came to be heard by me on October 23, 1987, and decision was reserved pending the receipt of the minutes and posttrial memoranda.

The essential facts are as follows. It is clear from the evidence that the additional respondent, Commercial Union Insurance Company, issued a business auto policy to a Miguel D. Guzman, the owner/operator of…