Legal Opinion
State Farm Mutual Insurance Co. v. Leonardo
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1990PublishedCited by 1 opinion
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the claimant appeals from a *602judgment of the Supreme Court, Suffolk County (Gowan, J), entered October 13, 1988, which granted the petition.
Ordered that the judgment is affirmed, with costs.
The Supreme Court did not err in concluding that the claimant’s decedent was not a resident of the insured’s household at the time of the accident and therefore did not fall within the definition of an "insured” under the terms of the policy issued by the petitioner. The claimant’s decedent was a citizen of…
2Cases cited5 opinions
- Hollander v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
- D'Amico v. Pennsylvania Millers Mutual InsuranceNew York Court of Appeals · 1981
- D'Amico v. Pennsylvania Millers Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Allstate Insurance v. Chia-I LungNew York Supreme Court · 1986
- American Security Insurance v. CalargoAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by1 opinion
- Nationwide Insurance v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1992