Legal Opinion

In re the Arbitration between New York Casualty Ins. & Enzinna

New York Supreme Court

Decided August 30, 2004Published

1Opinion of the Court

OPINION OF THE COURT

John P. Lane, J.

*200This is a proceeding pursuant to CPLR article 75 commenced by New York Casualty Insurance Company for a permanent stay of arbitration of a supplementary uninsured motorist (SUM) claim by respondent Nicole Enzinna arising from a motor vehicle accident that occurred on November 18, 2000, the day after she became 21 years old. The insurance policy in question (exhibit 1) was issued by petitioner to respondent’s mother, Patricia Enzinna. The policy, which covered two cars owned by Mrs. Enzinna, defines an insured to include the named insured, and “while…

2Cases cited13 opinions

  1. Hartford Insurance v. HaltAppellate Division of the Supreme Court of the State of New York · 1996
  2. Michaels v. City of BuffaloNew York Court of Appeals · 1995
  3. New York Central Mutual Fire Insurance v. KowalskiAppellate Division of the Supreme Court of the State of New York · 1993
  4. Aetna Casualty & Surety Co. v. GutsteinNew York Court of Appeals · 1992
  5. Appleton v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1962

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