Continental Casualty Co. v. Lecei

Order and judgment (one paper), Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered August 23, 2006, denying petitioner’s application to stay arbitration under the supplemental underinsured motorist provision of a policy issued to respondent’s employer, and dismissing the petition, unanimously reversed, on the law, without costs, the petition reinstated and the matter remanded for a hearing on the issue of whether respondent was “occupying” the truck at the time of the accident.

Indisputably, respondent is not a named insured under the policy issued by petitioner to Welsbach…