Legal Opinion

United Community Insurance v. Mucatel

New York Supreme Court

Decided March 8, 1985PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Ira Gammerman, J.

Petitioner moves pursuant to CPLR article 75 seeking to stay the underinsured motorist arbitration demanded by respondent upon the grounds that there are no issues to be arbitrated, that the demand for arbitration seeks an amount in excess of the limits of liability of petitioner’s policy and upon the further ground that petitioner has tendered to respondent the full amount provided by the policy.

Respondent, in her demand for arbitration, alleges that she is entitled to the full underinsured motorist coverage included in her husband’s policy without any…

2Cases cited4 opinions

  1. Little v. Blue Cross of Western New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  2. American Home Assurance Co. v. Hartford InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
  3. Garry v. Worldwide Underwriters InsuranceNew York Supreme Court · 1983
  4. Kronfeld v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1976

3Cited by34 opinions

  1. Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
  2. In re the Arbitration between Allstate Insurance & StolarzNew York Court of Appeals · 1993
  3. Maurizzio v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1989
  4. Mostow v. State Farm Ins. Cos.New York Court of Appeals · 1996
  5. United Community Insurance v. MucatelNew York Court of Appeals · 1987

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