In re the Arbitration between Hartford Insurance & Aquaviva

Petitioner insurer’s application to stay arbitration of an uninsured motorist claim was denied on the ground that respondent insurer could disclaim coverage of the offending vehicle, it having been stolen at the time of the accident. On appeal, petitioner argues that respondent insurer’s duty to defend includes issues of the operator’s negligence, since respondent owner of the offending vehicle left it unattended in violation of Vehicle and Traffic Law § 1210 (a) (citing General Acc. Group v Noonan, 66 Misc 2d 528; Howard v Kiskiel, 152 AD2d 950). Since petitioner did not assert this theory…