Rosenberg v. Colonial Penn Insurance

—In a proceeding pursuant to CPLR article 75 to compel arbitration of an uninsured motorist claim, Colonial Penn Insurance Co., appeals from an order of the Supreme Court, Kings County (Slavin, J.H.O.), which, in effect, granted the petition and denied its cross petition to stay arbitration.

Ordered that the order is affirmed, with costs to the respondent-respondent Peerless Insurance Company.

The record does not support the contention of the appellant, Colonial Penn Insurance Co., that the notice of cancellation of the insurance policy issued by Peerless Insurance Company to Ann Marie Smith…