United Fin. Cas. Co. v. Tekel
| Citation | 128 N.Y.S.3d 53,185 A.D.3d 830 |
| Decision Date | 15 July 2020 |
| Docket Number | 2019–10964,Index No. 36523/18 |
| Parties | Matter of UNITED FINANCIAL CASUALTY COMPANY, Appellant, v. Alan TEKEL, Respondent. |
| Court | New York Supreme Court Appellate Division |
185 A.D.3d 830
128 N.Y.S.3d 53
Matter of UNITED FINANCIAL CASUALTY COMPANY, Appellant,
v.
Alan TEKEL, Respondent.
2019–10964
Index No. 36523/18
Supreme Court, Appellate Division, Second Department, New York.
Argued - April 27, 2020
July 15, 2020
Jennifer S. Adams, Yonkers, N.Y. (Michael A. Zarkower of counsel), for appellant.
Niemark & Niemark LLP, New City, N.Y. (Ira H. Lapp of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., JEFFREY A. COHEN, HECTOR D. LASALLE, PAUL WOOTEN, JJ.
DECISION & ORDER
In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for supplementary underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Rockland County (Rolf M. Thorsen, J.), dated September 4, 2019. The order
granted Alan Tekel's motion for leave to reargue his opposition to that branch of the petition which was to permanently stay arbitration, which had
been granted in a prior order of the same court dated March 29, 2019, and, upon reargument, vacated the prior order dated March 29, 2019, and thereupon denied that branch of the petition.
ORDERED that the order dated September 4, 2019, is affirmed, with costs.
Alan Tekel sustained injuries when, as a pedestrian, he was struck by a vehicle. After settling with the tortfeasor driver for the full limit of the driver's insurance policy, Tekel submitted a claim for supplementary underinsured motorist (hereinafter SUM) benefits pursuant to a commercial automobile insurance policy issued by Progressive Casualty Insurance Company (hereinafter Progressive) to Air Repair, LLC (hereinafter the LLC), of which Tekel was the sole member. Progressive denied coverage on the ground that Tekel did not meet the definition of an insured under the SUM endorsement, as he was not the named insured on the policy and, at the time of the accident, was not occupying a motor vehicle insured for SUM under the policy. Following Terkel's demand for arbitration, the petitioner, the underwriter of the policy, commenced this proceeding pursuant to CPLR article 75 seeking, inter alia, a permanent stay of arbitration. In an order dated March 29, 2019, the Supreme Court granted that branch of the petition which was to permanently stay arbitration, finding that the policy was issued to the LLC as the named insured and, as such, did not follow any particular...
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