Zurich Insurance v. Evans
Civil Court of the City of New York
1Opinion of the CourtCharles H. Cohen, J.
Petitioner Zurich has made this application to stay arbitration of a dispute concerning "Unpaid No Fault benefits” sought by respondent Evans. Zurich contends that this stay should be granted: (1) because some six months prior to the incident giving rise to this claim it had canceled the insurance policy issued to one Gillespie under which policy Evans, as a passenger in a motor vehicle owned and operated by Gillespie, seeks first-party benefits; and (2) because Evans, prior to the service of the notice of intention to arbitrate, had waived any right to arbitration by reason of having…
2Cases cited19 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- De Sapio v. KohlmeyerNew York Court of Appeals · 1974
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Newburger v. LubellNew York Court of Appeals · 1931
- Werking v. Amity Estates, Inc.New York Court of Appeals · 1956
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- Shevlin v. PRUDENTIAL COMMERCIAL INSURANCE COMPANYNew Jersey Superior Court Appellate Division · 1991
- Mendelsohn v. A & D Catering Corp.New York Supreme Court · 1983