Aetna Casualt & Surety Co. v. Gutstein

In a proceeding to stay arbitration of an uninsured motorist claim, the appeal is from a judgment of the Supreme Court, Nassau County (Velsor, J.H.O.), dated November 16, 1988, which, after a hearing, granted the petition.

Ordered that the judgment is reversed, on the law, with costs, the proceeding is dismissed on the merits, and the parties are directed to proceed to arbitration.

The petitioner sought to permanently stay arbitration of the *719uninsured motorist claim in this case by contending that the respondent is not entitled to coverage under his father’s family auto insurance policy because…