Legal Opinion

In re the Arbitration between New York Municipal Insurance Reciprocal & McGuirk

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

Decided November 21, 2007Published

1Opinion of the CourtLahtinen, J.

Appeal from an order of the Supreme Court (Hard, J.), entered April 10, 2007 in Albany County, which denied petitioner’s application pursuant to CFLR 7503 to stay arbitration between the parties.

On January 24, 2005, respondent, an employee of the Warren County Sheriffs Department, was injured in a patrol car—a vehicle owned by Warren County and for which supplementary uninsured/underinsured motorist (hereinafter SUM) insurance coverage had been obtained with petitioner—that was struck by a vehicle driven by Rachael McCrea and owned by Michael Mc-Crea and Victoria McCrea. As is relevant here,…

2Cases cited7 opinions

  1. Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
  2. Rekemeyer v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2005
  3. Continental Insurance v. MarshallAppellate Division of the Supreme Court of the State of New York · 2004
  4. Assurance Co. of America v. DelgrossoAppellate Division of the Supreme Court of the State of New York · 2007
  5. Rekemeyer v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 2004

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