Preferred Mutual Insurance v. Rollo

OPINION OF THE COURT

Howard Miller, J.

Petition to stay arbitration is granted and arbitration under the uninsured motor vehicle provisions of the policy issued by petitioner to respondent Maryanne Rollo is permanently stayed.

Petitioner commenced this proceeding to stay arbitration sought by its insured, respondent Maryanne Rollo, under the uninsured motorist endorsement of the policy, with respect to injuries sustained by Ms. Rollo in an accident on December 13, 1994. Petitioner contends that the tortfeasor, Christine A. Harper (Harper), was in fact insured on the date of the ac*632cident by…