Legal Opinion
Nationwide Mutual Insurance v. Stokes
Appellate Division of the Supreme Court of the State of New York
Decided May 1, 1995PublishedCited by 2 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of an underinsured motorist claim, Mary Stokes appeals from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered December 15, 1993, as limited her maximum recovery for underinsured motorist benefits to $37,900.
Ordered that the order is modified, on the law, by deleting the provision thereof which reduced the appellant’s underinsured motorist benefits by the $10,000 settlement received from the tortfeasor; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant.
On…
2Cases cited5 opinions
- MATTER OF VALENTE v. Prudential Prop. & Cas. Ins. Co.New York Court of Appeals · 1991
- Federal Insurance v. ReingoldAppellate Division of the Supreme Court of the State of New York · 1992
- Nationwide Mutual Insurance v. DavisAppellate Division of the Supreme Court of the State of New York · 1993
- Nationwide Mutual Insurance v. CorizzoAppellate Division of the Supreme Court of the State of New York · 1994
- Lyons v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by2 opinions
- Nationwide Insurance v. OhrabloAppellate Division of the Supreme Court of the State of New York · 1997
- Paolilli v. Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1996