IN RE: LANCER INSURANCE COMPANY (2008)

Supreme Court, Appellate Division, First Department, New York.

IN RE: LANCER INSURANCE COMPANY, Petitioner-Respondent, v. Chaitram LACKRAJ, Respondent-Appellant, Security Insurance Company of Hartford, Additional Respondent-Respondent, Atlantic Express Transportation, et al., Additional Respondents.

Decided: May 08, 2008

TOM, J.P., WILLIAMS, CATTERSON, ACOSTA, JJ.

Samuel Katz, New York, for appellant. Theodore A. Stamas, Carle Place, for Lancer Insurance Company, respondent. Schindel, Farman, Lipsius, Gardner & Rabinovich LLP, New York (David BenHaim of counsel), for Security Insurance Company of Hartford, respondent.

Judgment, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about February 27, 2007, granting the petition to stay arbitration, unanimously affirmed, with costs.

Arbitration of respondent Lackraj's uninsured motorist claim against petitioner was properly stayed. The offending vehicle, a bus, did not meet the definition of an “uninsured motor vehicle” within the meaning of Insurance Law § 3420(f)(1), notwithstanding the fact that the policy insuring the vehicle had a large deductible and the owner became insolvent (see Matter of Fireman's Fund Ins. Co. v. Wisham, 6 Misc.3d 1017(A), 2005 N.Y. Misc. LEXIS 160, 2005 WL 263957).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law