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IN THE MATTER OF EVEREADY INS. CO. v. FRANCE

2009-01048

66 A.D.3d 776 (2009)

887 N.Y.S.2d 208

2009 NY Slip Op 7410

In the Matter of EVEREADY INSURANCE COMPANY, Appellant, v. JOSEPH FRANCE et al., Respondents. NATIONWIDE MUTUAL INSURANCE COMPANY, Proposed Additional Respondent.

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

Decided October 13, 2009.

Ordered that the order is affirmed, with costs.

The petitioner Eveready Insurance Company commenced this proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim on the ground that the vehicle involved in the subject accident was insured by Nationwide Mutual Insurance Company (hereinafter Nationwide) on the date of the accident. A framed-issue hearing was subsequently held on the issue of whether Nationwide validly cancelled the policy...

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