Legal Opinion

In re the Arbitration between General Accident Fire & Life Assurance Corp., Ltd. & Avery

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

Decided May 27, 1982PublishedCited by 8 opinions

1Opinion of the Court

— Appeal from an order of the Supreme Court at Special Term (Zeller, J.), entered March 26, 1981 in Madison County, which dismissed petitioner’s application pursuant to CPLR 7511 to vacate an arbitration award, and confirmed the award. The issue determinative of this appeal is the meaning of the word “occupant” as that word is used in the context of subdivision 1 of section 672 of the Insurance Law. On April 19, 1979, respondent was on the shoulder of Route 31 in the Town of Lenox, Madison County, in possession of a motorcycle when he was struck and injured by an automobile owned and operated…

2Cases cited2 opinions

  1. In re the Arbitration between Petrofsky & Allstate InsuranceNew York Court of Appeals · 1981
  2. Colon v. Aetna Casualty & Surety Co.New York Court of Appeals · 1980

3Cited by8 opinions

  1. In re the Arbitration between Farrell & Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
  2. Innes v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  3. In re the Arbitration between Kolesnik & State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  4. In re the Arbitration between Steinauer & New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
  5. Smith v. Chubb & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1988

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