Legal Opinion
In re the Arbitration between Liberty Mutual Insurance & Allstate Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1996PublishedCited by 10 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, petition denied and award confirmed. Memorandum: We conclude that Supreme Court erred in granting the petition to vacate the arbitration award. Petitioner sought vacatur of the award on the ground that arbitration was not available under Insurance Law § 5105 (a) because neither of the vehicles involved in the collision weighed more than 6,500 pounds. By failing to apply for a stay of arbitration before arbitration, petitioner waived the contention that the claim is not arbitrable under Insurance Law § 5105 (see, Matter of Silverman [Benmor…
2Cases cited3 opinions
- Norris v. CooperNew York Court of Appeals · 1984
- Rokowsky v. Finance AdministratorNew York Court of Appeals · 1977
- Aetna Casualty & Surety Co. v. CebularzAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by10 opinions
- Progressive Casualty Insurance v. New York State Insurance FundAppellate Division of the Supreme Court of the State of New York · 2008
- Utica Mutual Insurance v. Inc. Village of Floral ParkAppellate Division of the Supreme Court of the State of New York · 1999
- In re the Arbitration between County of Onondaga & Civil Service Employees Ass'nAppellate Division of the Supreme Court of the State of New York · 1998
- Matter of Infinity Indem. Ins. Co. v. Hereford Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2017
- In re the Arbitration between Travelers Property Casualty Insurance & Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
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