Legal Opinion
In Re the Arbitration Between De Luca & Motor Vehicle Accident Indemnification Corp.
New York Court of Appeals
Decided February 24, 1966PublishedCited by 72 opinions
1Opinion of the CourtFuld, J.
These two cases arise out of automobile accidents which occurred in 1960. In each, the claimant, who carried automobile liability insurance, was struck and injured by a motorist driving an uninsured automobile. As required by the MVAIC endorsement to his policy, he promptly filed a claim with MVAIC for his injuries. He did not, however, serve a demand for arbitration until 1964. MVAIC moved to prevent arbitration (CPLB 7502, subd. [b]; CPLB 7503, subd. [b]) on the ground that the claim sounded in tort and, accordingly, was barred by the three-year Statute of Limitations. The motions were…
2Cases cited7 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- In re the Arbitration between Nationwide Mutual Insurance & HolbertNew York Supreme Court · 1962
- In re the Arbitration between La Marsh & Maryland Casualty Co.New York Supreme Court · 1962
- In re the Arbitration between Fitzpatrick & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1963
- In re the Arbitration between McGuinness & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1963
2 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Oates v. Safeco Insurance Co. of AmericaSupreme Court of Missouri · 1979
- Uptegraft v. Home Insurance Co.Supreme Court of Oklahoma · 1983
- Booth v. Fireman's Fund Insurance CompanySupreme Court of Louisiana · 1968
- Franco v. Allstate Insurance CompanyTexas Supreme Court · 1974
- Pemberton v. Farmers Insurance ExchangeNevada Supreme Court · 1993
67 more not listed; retrieve them via the Exa API.