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(FILED: NEW YORK COUNTY CLERK 1171472016 04:25 PM INDEX NO. 655959/2016 |
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/14/2016
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
en ene eee ee ee ee ee ee ee
In the Matter of the Application of
TRAVELERS HOME AND MARINE
INSURANCE COMPANY,
Petitioner,
NOTICE OF PETITION
-against- TO STAY ARBITRATION
JANICE SIGLIN and JONATHAN STERNBERG, Index #:
Respondents,
-and-
SENTINEL INSURANCE COMPANY, LTD.
and/or THE HARTFORD FIRE & CASUALTY
INSURANCE COMPANY,
Proposed Additional Respondent.
wane een ne ne ee ene een emeneneneenee
PLEASE TAKE NOTICE, that upon the annexed petition of TRAVELERS
HOME AND MARINE INSURANCE COMPANY (“TRAVELERS”), verified on the 14"
day of November 2016, and the exhibits annexed thereto, an application pursuant to CPLR
7503(b) will be made to an LAS Part of this court, to be held at the Courthouse thereof
located at 60 Center Street, Room 130, New York, New York on the 14th day of December
2016, at 9:30 a.m, in the forenoon of that day, or as soon thereafter as counsel can be heard,
for a judgment staying the arbitration commenced by Respondents on the ground that the
damages demanded exceed the combined Supplementary Underinsured Motorist (“SUM”)
coverage limits of the policies issued by Petitioner TRAVELERS and co-insurer
SENTINEL INSURANCE COMPANY, LTD. and/or THE HARTFORD FIRE &
CASUALTY INSURANCE COMPANY (hereinafter “SENTINEL/HARTFORD”) Thus
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pursuant to the non-stacking provisions contained in 11 NYCRR 60-2.3, as well as the
respective policies of TRAVELERS and SENTINEL/HARTFORD the maximum recovery
which the Respondents’ may obtain under the combined SUM policies is $450,000.00, net
of the set off arising from the Respondents’ recovery of damages from the alleged tortfeasor.
The maximum pro rata share of each insurance carrier is thus $225,000.00 In the alternative
Petitioner requests that the Court issue an order temporarily staying arbitration and directing
a framed issue hearing to which SENTINEL/HARTFORD would be added as a respondent
to determine the extent of SUM coverage available to the Respondents.
In the event that the Court finds that the Respondents are entitled to proceed to
supplementary underinsured motorist arbitration, it is respectfully requested that the Court
direct that prior to any such arbitration, that Petitioner is entitled to discovery, Le., that
Respondents provide Petitioner with authorizations for the Respondents’ no-fault files and
all relevant medical and employment records, and authorizations for the non-privileged
records of the litigation commenced against the identified underinsured tortfeasor (i.¢.,
Marash Gjurashaj) and that Respondents submit to examinations under oath and physical
examination(s), and that the Court further temporarily stay arbitration until such discovery
has been completed, and granting such other and further relief as the Court may deem just
and proper.
PLEASE TAKE FURTHER NOTICE, that an answer and supporting affidavits, if
any, shall be served at least seven days before the aforesaid date of hearing.
Petitioner designates New York County as the place of trial. The basis of venue is
mon ee
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ro
that upon information and belief Respondents reside in New York County.
Dated: New York, New York
November 14, 2016
LAW OFFICES OF“ALOY O. IBUZOR
Attorneys for Petitioner
TRAVELERS HOME AND MARINE
INSURANCE COMPANY
485 Lexington Avenue
New York, New York 10017
(917) 778-6523
To: GAIR, GAIR, CONASON,
STEIGMAN MACKAUF BLOOM & RUBINOW
Attorney for Respondents
80 Pine Street, 34!" Floor
New York, New York 10005
(212) 943-1090
SENTINEL INSURANCE COMPANY, LTD.
One Hartford Plaza
Hartford, CT 06155
Claim #: Y45 AU 00246
HARTFORD FIRE & CASUALTY INSURANCE
COMPANY
One Hartford Plaza
Hartford, CT 06155
Claim #; Y45 AU 00246
AMERICAN ARBITRATION ASSOCIATION
120 Broadway, | 1th Floor
New York, New York 10271
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(FILED: NEW YORK COUNTY CLERK 1171472016 04:25 PM INDEX NO. 655959/2016 | NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/14/2016 | SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK en ene eee ee ee ee ee ee ee In the Matter of the Application of TRAVELERS HOME AND MARINE INSURANCE COMPANY, Petitioner, NOTICE OF PETITION -against- TO STAY ARBITRATION JANICE SIGLIN and JONATHAN STERNBERG, Index #: Respondents, -and- SENTINEL INSURANCE COMPANY, LTD. and/or THE HARTFORD FIRE & CASUALTY INSURANCE COMPANY, Proposed Additional Respondent. wane een ne ne ee ene een emeneneneenee PLEASE TAKE NOTICE, that upon the annexed petition of TRAVELERS HOME AND MARINE INSURANCE COMPANY (“TRAVELERS”), verified on the 14" day of November 2016, and the exhibits annexed thereto, an application pursuant to CPLR 7503(b) will be made to an LAS Part of this court, to be held at the Courthouse thereof located at 60 Center Street, Room 130, New York, New York on the 14th day of December 2016, at 9:30 a.m, in the forenoon of that day, or as soon thereafter as counsel can be heard, for a judgment staying the arbitration commenced by Respondents on the ground that the damages demanded exceed the combined Supplementary Underinsured Motorist (“SUM”) coverage limits of the policies issued by Petitioner TRAVELERS and co-insurer SENTINEL INSURANCE COMPANY, LTD. and/or THE HARTFORD FIRE & CASUALTY INSURANCE COMPANY (hereinafter “SENTINEL/HARTFORD”) Thus — ee — ._____| 1 of 3 pursuant to the non-stacking provisions contained in 11 NYCRR 60-2.3, as well as the respective policies of TRAVELERS and SENTINEL/HARTFORD the maximum recovery which the Respondents’ may obtain under the combined SUM policies is $450,000.00, net of the set off arising from the Respondents’ recovery of damages from the alleged tortfeasor. The maximum pro rata share of each insurance carrier is thus $225,000.00 In the alternative Petitioner requests that the Court issue an order temporarily staying arbitration and directing a framed issue hearing to which SENTINEL/HARTFORD would be added as a respondent to determine the extent of SUM coverage available to the Respondents. In the event that the Court finds that the Respondents are entitled to proceed to supplementary underinsured motorist arbitration, it is respectfully requested that the Court direct that prior to any such arbitration, that Petitioner is entitled to discovery, Le., that Respondents provide Petitioner with authorizations for the Respondents’ no-fault files and all relevant medical and employment records, and authorizations for the non-privileged records of the litigation commenced against the identified underinsured tortfeasor (i.¢., Marash Gjurashaj) and that Respondents submit to examinations under oath and physical examination(s), and that the Court further temporarily stay arbitration until such discovery has been completed, and granting such other and further relief as the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that an answer and supporting affidavits, if any, shall be served at least seven days before the aforesaid date of hearing. Petitioner designates New York County as the place of trial. The basis of venue is mon ee 2 of 3 ro that upon information and belief Respondents reside in New York County. Dated: New York, New York November 14, 2016 LAW OFFICES OF“ALOY O. IBUZOR Attorneys for Petitioner TRAVELERS HOME AND MARINE INSURANCE COMPANY 485 Lexington Avenue New York, New York 10017 (917) 778-6523 To: GAIR, GAIR, CONASON, STEIGMAN MACKAUF BLOOM & RUBINOW Attorney for Respondents 80 Pine Street, 34!" Floor New York, New York 10005 (212) 943-1090 SENTINEL INSURANCE COMPANY, LTD. One Hartford Plaza Hartford, CT 06155 Claim #: Y45 AU 00246 HARTFORD FIRE & CASUALTY INSURANCE COMPANY One Hartford Plaza Hartford, CT 06155 Claim #; Y45 AU 00246 AMERICAN ARBITRATION ASSOCIATION 120 Broadway, | 1th Floor New York, New York 10271 3 of 3