Legal Opinion
Benfante v. Commercial Insurance Co. of Newark
New York Supreme Court
Decided April 8, 1957PublishedCited by 6 opinions
1Opinion of the CourtEdward G. Baker, J.
This is an application for an order directing arbitration and for a stay of an action now pending in this court against petitioner.
On or about December 10,1955, petitioner, Commercial Insurance Company of Newark, N. J., issued to one Vincent Benfante, Sr., its policy of automobile liability insurance. The contract contained an indorsement which, so far as here relevant, provided as follows:
“ 1. DAMAGES FOR INJURIES OR DEATH CAUSED BY UNINSURED AUTOMOBILE.
To pay all sums which the Insured shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile…
2Cases cited2 opinions
- Ward v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Farin v. SercarzNew York Supreme Court · 1942
3Cited by6 opinions
- In re the Arbitration between Scheck & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1963
- Sánchez v. Soler FajardoSupreme Court of Puerto Rico · 1963
- Chernick v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1959
- In Re the Arbitration Between Prinze & JonasNew York Court of Appeals · 1976
- In Re the Arbitration Between Prinze & JonasNew York Court of Appeals · 1976
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