Legal Opinion

Nationwide Mutual Insurance v. Callahan

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

Decided June 7, 1991PublishedCited by 1 opinion

1Opinion of the Court

—Order unanimously re*1002versed on the law without costs and petition granted, in accordance with the following Memorandum: On the record before us, the only issue raised by respondent’s demand for arbitration is whether offsets contained in her uninsured motorist endorsement are enforceable. Because this is an issue of contractual interpretation, which is not an arbitrable dispute under the insurance policy, petitioner is entitled to a stay of arbitration without prejudice to respondent’s right to make an appropriate demand in the future (see, Matter of Kansas City Fire & Mar. Ins. Co. [Barnes],…

2Cases cited2 opinions

  1. In re the Arbitration between Kansas City & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
  2. Nationwide Mutual Insurance v. FigliomeniAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by1 opinion

  1. Deckaj v. State Farm Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1996

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