Insurance of North America v. Kaplun
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*295OPINION OF THE COURT
O’Brien, J. P.
The issue raised in this appeal is whether the Supreme Court properly stayed arbitration of a claim for uninsured motorist benefits where the claimant participated in a fraudulent scheme to obtain the insurance policy. Although the Supreme Court erred in determining that the policy was void ab initio, we conclude that the stay was nevertheless properly granted.
On May 24, 1995, the appellant, Lenny Kaplun, was driving a 1989 BMW automobile in Connecticut when the car hit a guardrail and went down an embankment. The passenger in the car was ejected. Following…
2Cases cited14 opinions
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- Teeter v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1959
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- Aetna Casualty & Surety Co. v. O'ConnorNew York Court of Appeals · 1960
- Sun Insurance v. Hercules Securities Unlimited, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
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