Opinion
October 10, 1995
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the petitioner's application for a permanent stay of arbitration is granted.
While stopped at a red light, Lawrence Perry's vehicle was suddenly hit in the rear by another vehicle. While Perry was still shaken, an unidentified individual pointed a gun at him and told him to get out of the car. This individual then drove away in Perry's vehicle. For his physical injuries allegedly sustained in the accident, Perry sought to recover uninsured motorist benefits pursuant to his automobile liability policy issued by the petitioner Aetna Casualty Surety Company (hereinafter Aetna). Aetna sought to stay arbitration claiming that there was no coverage under its policy because Perry's injuries were the result of intentional conduct, not the result of an accident, as required by the policy. The court disagreed with Aetna and denied Aetna's application to stay arbitration. We now reverse.
Perry's injuries were the result of an intentional assault, not the result of an accident (see, Matter of Travelers Indem. Co. v Morales, 188 A.D.2d 350; Matter of Kilbride [MVAIC], 62 Misc.2d 641; McCarthy v. MVAIC, 16 A.D.2d 35, affd 12 N.Y.2d 922). Accordingly, the incident was not covered under the applicable policy. Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.