Utica Mutual Insurance v. Lowry

In a proceeding pursuant to CPLR article 75 to stay the arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Orange County (Miller, J.), dated *637February 1, 1993, which granted the petition and permanently stayed the arbitration.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the appellant failed to demonstrate that he had diligently sought to determine whether the offending vehicle was insured. Thus, the court correctly stayed the arbitration since the appellant did not comply with the provision in his insurance…