Legal Opinion
Estate of Cepeda v. United States Fidelity & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 1971PublishedCited by 19 opinions
1Opinion of the CourtStetjeb, J.
This is a special proceeding to determine which of respondents, an insurance company or Motor Vehicle Accident Indemnification Corporation, is required to arbitrate with the petitioners. The issue in the proceeding is whether at the time of the accident petitioners were passengers in the automobile of the insured. We do not agree with Trial Term’s conclusion that they were not.
The facts are not in serious dispute. Petitioners are the estates of persons who were passengers in the automobile of Giron, the insured, as it was proceeding east on the Cross-Bronx Expressway. Giron believed .that his…
2Cases cited4 opinions
- Allstate Insurance v. FlaumenbaumNew York Supreme Court · 1970
- Motor Vehicle Accident Indemnification Corp. v. OppedisanoNew York Supreme Court · 1964
- In re the Arbitration between Pagan & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1966
- Shindler v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1963
3Cited by19 opinions
- Kentucky Farm Bureau Mutual Insurance Co. v. McKinneyKentucky Supreme Court · 1992
- Genthner v. Progressive Casualty InsuranceSupreme Judicial Court of Maine · 1996
- Colon v. Aetna Casualty & Surety Co.New York Court of Appeals · 1980
- AUTO-OWNERS INS. v. Above All Roofing, LLCDistrict Court of Appeal of Florida · 2006
- State Farm Automobile Insurance v. AntunovichAppellate Division of the Supreme Court of the State of New York · 1990
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