Opinion
2002-06764
Submitted May 7, 2003.
June 2, 2003.
In a proceeding to stay arbitration of an uninsured motorist claim, Allstate Insurance Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Trainor, J.), dated May 28, 2002, as, in effect, upon reargument of a prior order of the same court dated January 10, 2001, granting the petition, adhered to the prior determination.
Bruno, Gerbino Soriano, LLP, Melville, N.Y. (Charles W. Benton of counsel), for appellant.
Darienzo Lauzon, (Montfort, Healy, McGuire Salley, Garden City, N.Y. [Donald S. Newmann, Jr.] of counsel), for petitioner-respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
It is not disputed that the appellant issued a policy covering the offending vehicle in question. While the appellant may have properly disclaimed coverage as to the owner of that vehicle, the scope of the policy's coverage extended to permissive users of the vehicle (see Handelsman v. Sea Ins. Co., 85 N.Y.2d 96, 100; Nigro v. General Acc. Ins. Co. of N.Y., 239 A.D.2d 474; Matter of Eagel Ins. Co. v. Perez, 209 A.D.2d 695). Since the appellant never properly disclaimed coverage as to the driver of the offending vehicle, coverage for the vehicle existed, and thus, the petition was properly granted (see Allstate Ins. Co. v. Durand, 286 A.D.2d 407; Legion Ins. Co. v. Weiss, 282 A.D.2d 576).
SANTUCCI, J.P., SMITH, LUCIANO and MASTRO, JJ., concur.