Legal Opinion

In re the Arbitration Between Nationwide Insurance & Bellreng

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

Decided November 9, 2001PublishedCited by 2 opinions

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

  1. Allstate Insurance v. KillakeyNew York Court of Appeals · 1991
  2. In re the Arbitration between Allstate Insurance & EarlAppellate Division of the Supreme Court of the State of New York · 2001
  3. Aetna Casualty & Surety Co. v. LoyAppellate Division of the Supreme Court of the State of New York · 1985
  4. 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

  1. In re the Arbitration between New York Central Mutual Fire Insurance & GuarinoAppellate Division of the Supreme Court of the State of New York · 2004
  2. Tri-State Consumer Insurance v. FurboterAppellate Division of the Supreme Court of the State of New York · 2010

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