In re the Arbitration Between Nationwide Insurance & Bellreng
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, petition dismissed and cross petition granted. Memorandum: Supreme Court erred in granting the petition seeking a permanent stay of arbitration. Respondent was injured in a hit-and-run accident while spraying water on asbestos as part of his employment. Respondent was using a hose that was stretched across a road, and a taxicab driven by an unidentified driver made contact with the hose, pulling respondent into a utility pole. Contrary to petitioner’s contention, the requisite “physical contact” occurred where, as here, “the accident…
2Cases cited4 opinions
- Allstate Insurance v. KillakeyNew York Court of Appeals · 1991
- In re the Arbitration between Allstate Insurance & EarlAppellate Division of the Supreme Court of the State of New York · 2001
- Aetna Casualty & Surety Co. v. LoyAppellate Division of the Supreme Court of the State of New York · 1985
- In re the Arbitration Between New York Central Mutual Fire Insurance & BensonAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by2 opinions
- In re the Arbitration between New York Central Mutual Fire Insurance & GuarinoAppellate Division of the Supreme Court of the State of New York · 2004
- Tri-State Consumer Insurance v. FurboterAppellate Division of the Supreme Court of the State of New York · 2010