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MATTER OF MERCURY INSURANCE GROUP v. ORTIZ

49 A.D.3d 881 (2008)

855 N.Y.S.2d 577

In the Matter of MERCURY INSURANCE GROUP, Appellant, v. MARIA ORTIZ et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 25, 2008.

Ordered that the order is affirmed, with costs to the respondent State Farm Insurance.

Mercury Insurance Group (hereinafter Mercury) commenced this proceeding to permanently stay arbitration of a claim for uninsured motorist benefits brought by its insured Maria Ortiz. Mercury alleged that on the date of the alleged incident, October 10, 2003, the vehicle owned and operated by the alleged tortfeasor Stephen M. Sontag was...

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