Legal Opinion

In re the Arbitration between Utica Mutual Insurance & Bernino

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

Decided May 6, 1982PublishedCited by 2 opinions

1Opinion of the Court

— Appeal from an order of the Supreme Court at Special Term (Doran, J.), entered August 5, 1981 in Albany County, which denied petitioner Utica Mutual Insurance Company’s application for an order denying respondent Bernino increased lost wage no-fault insurance benefits awarded in arbitration. Respondent Bernino, petitioner’s insured, was injured October 1, 1979, and filed for no-fault benefits. Petitioner calculated his lost wage benefit according to respondent’s 1978 income tax return and commenced monthly payments of $493.69. Respondent’s application for increased wage benefits, based on…

2Cases cited3 opinions

  1. In re CallahanAppellate Division of the Supreme Court of the State of New York · 1941
  2. Musolino v. American Consumer InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
  3. Matter of CallahanNew York Court of Appeals · 1942

3Cited by2 opinions

  1. Aetna Life & Casualty Co. v. DuthieAppellate Division of the Supreme Court of the State of New York · 1985
  2. Liberty Mutual Insurance v. MastropaoloAppellate Division of the Supreme Court of the State of New York · 1995

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