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Associate Caroline Hock Prevails at Framed Issue Hearing

Posted: February 8, 2023

Associate Caroline Hock obtained a permanent stay of arbitration on behalf of an insurer in a coverage dispute pending before the Supreme Court in Queens County, which centered on whether the driver of a motor vehicle was an “insured” pursuant to the uninsured/underinsured motorists section of the subject insurance policy issued to the driver’s domestic partner for his contracting business. Caroline successfully demonstrated that the insurance policy at issue was one intended to cover business vehicles and employees of the business within the scope of their employment, and that the operator of the vehicle was neither an employee of the business, nor was she operating a business vehicle. The Court agreed that the operator was not covered by the policy. Likewise, the Court agreed with Caroline’s argument that even if the operator was deemed an insured, there were exclusions within the policy that would have barred coverage. As such, the Court dismissed the driver’s demand for arbitration.