Nationwide Affinity Insurance Company of America v. John Bruno
Index No. 03420/2020
Supreme Court –New York – County of Rockland
In an action seeking underinsured motorist benefits, Hollander Legal Group successfully obtained a permanent stay of arbitration. This action involves a policy holder who was involved in a four (4) car collision, in which the striking vehicle fled the scene after causing a chain reaction accident. The Respondent/Insured who was operating the lead vehicle originally brough a law suit against the drivers of the second and third vehicles involved in the motor vehicle incident. When the law suit was not proceeding at the pace he wanted, respondent/insured sought uninsured motorist benefits under his policy of insurance. HLG, subsequently within the time limits prescribed under the policy of insurance sought to permanently stay the arbitration under the theory that the limits of liability of all bodily injury liability bonds or insurance policies applicable at the time of the accident have not been exhausted. The Supreme Court, Rockland County agreed with HLG and permanently stayed the arbitration.