Alexandra Alvarez Wins Permanent Stay Of Uninsured Motorist Arbitration After Framed Issue Hearing I
On April 4, 2016, Alexandra Alvarez won a permanent stay of an uninsured motorist arbitration after a framed issue hearing in Supreme Court, Westchester County in the case of New York Central Mutual Fire Ins. Co. v. Turner, Index No. 59426/2015. During the framed issue hearing, Ms. Alvarez presented evidence, including eyewitness testimony, that a motor vehicle involved in a hit and run accident belonged to a certain driver that had insurance coverage who had not appeared in the action. After hearing the evidence, the Court issued an order finding that the certain driver was involved in the accident and had insurance coverage. The Court then issued an order granting a permanent stay of the uninsured motorist arbitration. The effect of the Court’s decision is that in the underlying case for personal injury damages, the certain driver cannot deny that she was involved in the accident and fled the scene.