In this proceeding, pursuant to CPLR Article 75, to permanently stay arbitration of a claim for uninsured motorist benefits, the Appellate Division, Second Judicial Department, in accordance with M&H’s arguments on appeal, held that the Respondent had met his burden of establishing the occurrence of physical contact between his vehicle and a hit-and-run vehicle, thus requiring that the petition be denied and proceeding be dismissed.

Matter of Allmerica Financial Benefits Ins., v. Kokotos

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