Legal Opinion
Fiduciary Insurance Co. of America v. Morris
Appellate Division of the Supreme Court of the State of New York
Decided May 3, 2011PublishedCited by 7 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County (Kurtz, Ct. Atty. Ref.), dated June 9, 2010, as, after a hearing, determined that the subject vehicle was stolen and being operated without permission at the time of the accident, denied the petition, and, in effect, dismissed the proceeding.
Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.
“The strong presumption of permissive use afforded by…
2Cases cited3 opinions
- State Farm Mutual Automobile Insurance v. EllingtonAppellate Division of the Supreme Court of the State of New York · 2006
- State Farm Fire & Casualty Co. v. HayesAppellate Division of the Supreme Court of the State of New York · 2010
- New York Central Mutual Fire Insurance v. AccardoAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by7 opinions
- Matter of Allstate Ins. Co. v. Jae Kan ShimAppellate Division of the Supreme Court of the State of New York · 2020
- Government Employees Insurance v. AllenAppellate Division of the Supreme Court of the State of New York · 2012
- Government Employees Insurance v. AllenAppellate Division of the Supreme Court of the State of New York · 2012
- Madrigal v. Paragon Motors of Woodside, Inc.Appellate Division of the Supreme Court of the State of New York · 2025
- Matter of Country-Wide Ins. Co. v. ParkAppellate Division of the Supreme Court of the State of New York · 2018
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