USAA Casualty Insurance v. Belizaire

— In a proceeding to stay arbitration of a claim for uninsured motorist benefits, Colonial Penn Insurance Company appeals from a judgment of the Supreme Court, Queens County (Kassoff, J.), entered May 4, 1988, which granted USAA Casualty Insurance Company’s petition for a permanent stay of arbitration.

Ordered that the judgment is reversed, on the law, with *604costs payable by the petitioner, the stay of arbitration is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

On May 4, 1987, an automobile owned by Myrtha Orphe and insured…