Liberty Mutual Insurance v. Doherty

In a proceeding pursuant to CFLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, Liberty Mutual Insurance Company appeals, and Robert S. Melton and Frogressive Northern Insurance Company, sued herein as Frogressive Casualty Company, also appeals, from an order of the Supreme Court, Queens County (Hart, J.), dated February 13, 2004, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with one bill of costs.

*630Contrary to the appellants’ contention, the underinsured motorist benefits’ provision of the petitioner’s…