Legal Opinion

Nationwide Mutual Insurance v. Fennimore

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

Decided February 5, 1996PublishedCited by 6 opinions

1Opinion of the Court

—In an action to enforce a contractual right to a trial de novo, the defendant appeals from an order of the Supreme Court, Queens County (Friedmann, J.), dated November 16, 1993, which denied her motion, inter alia, to dismiss the action and to confirm an arbitrator’s award.

Ordered that the order is affirmed, with costs.

The Appellant’s contention that the plaintiff waived its right to a trial de novo under the facts presented in this case is without merit (see Allstate Ins. Co. v Jacobs, 208 AD2d 578; Matter of Nationwide Mut. Ins. Co. v Alvarez, 207 AD2d 401). Unlike the parties in the cases…

2Cases cited4 opinions

  1. Allstate Insurance v. JacobsAppellate Division of the Supreme Court of the State of New York · 1994
  2. Eckart v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Marciano v. General Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
  4. Nationwide Mutual Insurance v. AlvarezAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by6 opinions

  1. Izzo v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
  2. Allstate Insurance v. HendricksAppellate Division of the Supreme Court of the State of New York · 1996
  3. Allstate Insurance v. EderyAppellate Division of the Supreme Court of the State of New York · 1996
  4. Pennsylvania General Insurance v. MortensonAppellate Division of the Supreme Court of the State of New York · 1998
  5. Dermigny v. HarperAppellate Division of the Supreme Court of the State of New York · 2015

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