AutoOne Insurance v. Schulere

In a proceeding pursuant to CFLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner AutoOne Insurance Company appeals from a judgment of the Supreme Court, Kings County (Maraño, J.H.O.), which, after a hearing, in effect, denied the petition and dismissed the proceeding based on a finding that the offending vehicle was uninsured on the date of the accident.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

The petitioner AutoOne Insurance Company sought a permanent…