Legal Opinion

State Farm Mutual Automobile Insurance v. Maloney

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

Decided June 24, 1985PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR 7503 (b) to permanently stay arbitration of an underinsured motorist claim, petitioner appeals from an order of the Supreme Court, Suffolk County (Jones, J.), dated June 18, 1984, which dismissed the petition as untimely.

Order affirmed, with costs. The parties are directed to proceed with arbitration.

Respondent had a policy of automobile insurance with petitioner which included supplementary uninsured motorist coverage (underinsured motorist coverage). The policy provided that there was no underinsured motorist coverage for “any insured WHO, WITHOUT OUR…

2Cases cited3 opinions

  1. Aetna Life & Casualty Co. v. StekardisNew York Court of Appeals · 1974
  2. State Farm Mutual Automobile Insurance v. IslerAppellate Division of the Supreme Court of the State of New York · 1972
  3. In re the Arbitration between State Farm Mutual Automobile Insurance & RichardsAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by2 opinions

  1. Metropolitan Property & Liability Insurance v. HancockAppellate Division of the Supreme Court of the State of New York · 1992
  2. In re the Arbitration between American Transit Insurance & LewisNew York Supreme Court · 1993

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