Legal Opinion

State Farm Mutual Automobile Insurance v. Nicoletti

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

Decided October 25, 2004PublishedCited by 7 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Cohalan, J.), entered February 24, 2004, which, after a hearing, denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law and the facts, with costs, the petition is granted, and the arbitration is permanently stayed.

Whether a person is a “resident” of an insured’s “household” requires “something more than temporary or physical presence and requires at…

2Cases cited9 opinions

  1. Hollander v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
  2. New York Central Mutual Fire Insurance v. KowalskiAppellate Division of the Supreme Court of the State of New York · 1993
  3. Aetna Casualty & Surety Co. v. GutsteinNew York Court of Appeals · 1992
  4. Government Employees Insurance v. PaolicelliAppellate Division of the Supreme Court of the State of New York · 2003
  5. Aetna Casualty & Surety Co. v. PanettaAppellate Division of the Supreme Court of the State of New York · 1994

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hochhauser v. Electric InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  2. Matter of Progressive N. Ins. Co. v. PedoneAppellate Division of the Supreme Court of the State of New York · 2016
  3. State Farm Mutual Automobile Insurance v. BonifacioAppellate Division of the Supreme Court of the State of New York · 2010
  4. Matter of Government Employees Ins. Co. v. McCrackenAppellate Division of the Supreme Court of the State of New York · 2022
  5. A. Central Insurance v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2013

2 more not listed; retrieve them via the Exa API.

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