Opinion
10027N Index 20046/17E
10-08-2019
In re ELCO ADMINISTRATIVE SERVICES, Petitioner–Respondent, v. Marlene BONES–ROJOS, et al., Respondents, MGA Insurance Company, Inc., Respondent–Appellant.
Picciano & Scahill, P.C., Bethpage (Albert J. Galatan of counsel), for appellant. Carman, Callahan & Ingham, LLP, Farmingdale (Anne P. O'Brien of counsel), for respondent.
Picciano & Scahill, P.C., Bethpage (Albert J. Galatan of counsel), for appellant.
Carman, Callahan & Ingham, LLP, Farmingdale (Anne P. O'Brien of counsel), for respondent.
Friedman, J.P., Sweeny, Richter, Mazzarelli, Webber, JJ.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 5, 2018, which granted petitioner' motion
for a permanent stay of arbitration to the extent of temporarily staying arbitration so that a framed issue hearing could be held to determine whether the offending vehicle was uninsured or underinsured and whether respondent complied with her discovery obligations, and amended the caption to add Melissa Blackellar, Shawn Sewell, and MGA Insurance Company, Inc. (MGA) as respondents, unanimously modified, on the law, to temporarily stay arbitration pending a hearing on the issue of personal jurisdiction as to MGA before a hearing on the coverage issue, and otherwise affirmed, without costs.
A hearing must be directed to determine whether there was personal jurisdiction over respondent insurer MGA (see Matter of Preferred Mut. Ins. Co. [Fu Guan Chan], 267 A.D.2d 181, 182, 700 N.Y.S.2d 457 [1st Dept. 1999] ). Issues were also raised by MGA as to whether service was proper.
A request to arbitrate an uninsured motorist claim may be stayed to establish the threshold issue of the insurance status of the alleged offending vehicle on the date of the accident (see e.g. Matter of Hereford Ins. Co. v. Vazquez, 158 A.D.3d 470, 471, 70 N.Y.S.3d 489 [1st Dept. 2018] ; Matter of Public Serv. Mut. Ins. Co. [Binder], 121 A.D.2d 903, 503 N.Y.S.2d 807 [1st Dept. 1986] ). Here, the term "STATUTORY," which appeared on the declaration page of the policy issued by MGA to the offending vehicle in connection with personal injurycoverage, raised issues as to compliance with New York's financial responsibility law, including uninsured motorist coverage.