Seiler v. Kemper Insurance

Order unanimously affirmed, with costs, in accordance with the following memorandum: Beth Anne Seiler was injured when an automobile owned and operated by Kemper’s insured was struck by an unidentified hit-and-run vehicle. Kemper subsequently paid Seiler $10,000, the maximum coverage under its liability policy in settlement of her claim against Kemper’s insured. When served with a demand for arbitration under the uninsured motorists indorsement of the policy, Kemper moved to stay arbitration on the basis that an award under the uninsured motorists indorsement was excluded by the terms of the…