Aiu Insurance v. Marciante

In a proceeding, inter alia, pursuant to CFLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Richmond County (Fonterio, J.), dated February 14, 2003, which, after a hearing, denied the petition.

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

On December 15, 2001, the respondent was operating a vehicle insured by the appellant when he was involved in a collision with a vehicle owned and operated by the proposed additional…