Legal Opinion

Mercury Insurance Group v. Oritz

Appellate Division of the Supreme Court of the State of New York

Decided March 25, 2008Published

1Opinion of the Court

*882Mercury Insurance Group (hereinafter Mercury) commenced this proceeding to permanently stay arbitration of a claim for uninsured motorist benefits brought by its insured Maria Ortiz. Mercury alleged that on the date of the alleged incident, October 10, 2003, the vehicle owned and operated by the alleged tortfeasor Stephen M. Sontag was insured by State Farm Insurance (hereinafter State Farm). After a framed-issue hearing on whether State Farm had properly canceled that policy prior to October 10, 2003, the court denied the petition, and, in effect, dismissed the proceeding.

Strict compliance…

2Cases cited2 opinions

  1. Progressive Northern Insurance v. WhiteAppellate Division of the Supreme Court of the State of New York · 2005
  2. Travelers Indemnity Co. v. ShepardAppellate Division of the Supreme Court of the State of New York · 1986

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