Reliance Insurance v. O'Neill

OPINION OF THE COURT

Burton S. Sherman, J.

This special proceeding to permanently stay a “no-fault” automobile insurance arbitration (Comprehensive Automobile Insurance Reparations Act, Insurance Law, § 670 et seq.) comes before the court on a stipulated submission of facts executed by both counsel pursuant to CPLR 3222.

The issue is one of liability and coverage under the automobile insurance policy in question, namely, whether the respondent was injured and suffered a loss arising out of the use and operation of petitioner’s assured automobile. The facts are that a motor vehicle insured by the…