Legal Opinion
Liberty Mutual Insurance v. Balaran
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1990PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of the claimant’s underinsured motorist claim, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated November 29,1988, which denied the petition.
Ordered that the judgment is affirmed, with costs.
The sole issue raised on this appeal is whether the offending vehicle, which allegedly struck the vehicle the claimant was operating, was underinsured within the meaning of the claimant’s insurance policy issued by the petitioner. The petitioner’s claim that the issue is resolved by a comparison…
2Cases cited4 opinions
- Maurizzio v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1989
- United Community Insurance v. MucatelNew York Court of Appeals · 1987
- Di Stasi v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- In re the Arbitration between Hanover Insurance & LouisAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by3 opinions
- Colonial Penn Insurance v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1991
- Prudential Property & Casualty Co. v. SzeliAppellate Division of the Supreme Court of the State of New York · 1993
- In re the Arbitration between Prudential Property & Casualty Insurance & CooperAppellate Division of the Supreme Court of the State of New York · 1993