Legal Opinion

In re the Arbitration between Travelers Indemnity Co. & Madera

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

Decided January 5, 1993PublishedCited by 2 opinions

1Opinion of the Court

— Order and judgment (one paper), Supreme Court, New York County (Jacqueline W. Silbermann, J.), entered June 4, 1992, which granted petitioner’s application to stay arbitration of an uninsured motorist claim demanded by respondents, unanimously affirmed, without costs.

Absent a valid excuse, failure to satisfy an insurance policy notice requirement vitiates coverage (Matter of Allcity Ins. Co. [Jimenez], 78 NY2d 1054, 1055-1056, affg 170 AD2d 238). Nevertheless, respondents argue, citing Matter of Merchants Mut. Ins. Co. (Anziano) (59 Misc 2d 673), their sworn statement should be deemed…

2Cases cited2 opinions

  1. In re the Arbitration between Allcity Insurance & JimenezNew York Court of Appeals · 1991
  2. In re the Arbitration between Merchants Mutual Insurance & AnzianoNew York Supreme Court · 1969

3Cited by2 opinions

  1. In re the Arbitration between Country-Wide Insurance & Eun Kyu ParkAppellate Division of the Supreme Court of the State of New York · 2000
  2. Travelers Insurance v. LianidesAppellate Division of the Supreme Court of the State of New York · 1998

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