Aetna Casualty & Surety Co. v. Kunz

In a proceeding to permanently stay the arbitration of a claim for underinsured motorist benefits, the petitioner Aetna Casualty and Surety Company appeals from a judgment of the Supreme Court, Nassau County (Molloy, J.), dated January 12, 1990, which dismissed the proceeding.

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

Although the insurance policy at issue is arguably ambiguous as to whether the respondent had purchased merely the required uninsured motorist coverage (see, Insurance Law § 3420 [f] [1]) or…