Legal Opinion
Federal Insurance v. Kimbrough
Appellate Division of the Supreme Court of the State of New York
Decided January 27, 1986PublishedCited by 11 opinions
1Opinion of the Court
In a proceeding to stay arbitration on an uninsured motorist claim, petitioner appeals from a judgment of the Supreme Court, Nassau County (Roncallo, J.), entered November 7, 1984, which denied its application.
Judgment reversed, on the law, with costs payable by respondent Lumberman’s Mutual Casualty Company, petitioner’s application granted, and arbitration permanently stayed.
It is incumbent upon an insurer which has disclaimed insurance coverage to come forward with proof that it had validly canceled the policy prior to the date of the accident (see, Matter of American Sec. Ins. Co.…
2Cases cited3 opinions
- Nassau Insurance v. MurrayNew York Court of Appeals · 1978
- Anzalone v. State Farm Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- In re the Arbitration between American Security Insurance & NovoaAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by11 opinions
- Eagle Insurance v. TichmanAppellate Division of the Supreme Court of the State of New York · 1992
- Insurance of North America v. CastilloAppellate Division of the Supreme Court of the State of New York · 1990
- Sea Insurance v. KopskyAppellate Division of the Supreme Court of the State of New York · 1988
- Allstate Insurance v. RamirezAppellate Division of the Supreme Court of the State of New York · 1994
- State Farm Mutual Automobile Insurance v. CherianAppellate Division of the Supreme Court of the State of New York · 1994
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