State Farm Automobile Insurance v. Noble

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Empire Fire & Marine Insurance Company appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated October 5, 2006, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the order is affirmed, with costs.

On January 30, 2004, Sandra Noble, who was driving a vehicle insured by the petitioner, was involved in an accident with a vehicle owned by United Truck Van & Car Rentals (hereinafter United). Noble then filed a claim…