Hanover Insurance v. Gaeta

Order and judgment (one paper), Supreme Court, New York County (Edward Lehner, J.), entered February 10, 1994, which denied petitioner’s application to stay an underinsured motorist arbitration demanded by respondent, unanimously affirmed, with costs.

There is no merit to petitioner’s argument that since the limits of all of the offending vehicles’ policies were not exhausted before respondent demanded arbitration, the underinsured coverage in its policy with respondent was never triggered, and that its application for a stay of arbitration should therefore be entertained notwithstanding its…