Legal Opinion

Zurich Insurance v. Evans

Civil Court of the City of New York

Decided March 14, 1977PublishedCited by 5 opinions

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

  1. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  2. De Sapio v. KohlmeyerNew York Court of Appeals · 1974
  3. Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
  4. Newburger v. LubellNew York Court of Appeals · 1931
  5. Werking v. Amity Estates, Inc.New York Court of Appeals · 1956

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3Cited by5 opinions

  1. Sinnett v. Friendly Ice Cream Corp.District Court, S.D. New York · 2004
  2. Marangiello v. KamakAppellate Division of the Supreme Court of the State of New York · 1978
  3. Country-Wide Insurance v. FrolichCivil Court of the City of New York · 1983
  4. Shevlin v. PRUDENTIAL COMMERCIAL INSURANCE COMPANYNew Jersey Superior Court Appellate Division · 1991
  5. Mendelsohn v. A & D Catering Corp.New York Supreme Court · 1983

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