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).

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