Legal Opinion

Eveready Insurance v. Mitchell

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

Decided August 24, 1987PublishedCited by 16 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), dated September 2, 1986, which denied its application for a permanent stay of arbitration and directed the respondent Patrick E. Mitchell and the petitioner to proceed to arbitration.

Ordered that the order is reversed, on the law, with costs, and the petitioner’s application for a permanent stay of arbitration is granted.

The petitioner issued an assigned-risk policy of liability insurance to the respondent…

2Cases cited4 opinions

  1. Capra v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1972
  2. Nassau Insurance v. HernandezAppellate Division of the Supreme Court of the State of New York · 1978
  3. Lion Insurance v. ReillyAppellate Division of the Supreme Court of the State of New York · 1978
  4. Federal Insurance v. RiveraNew York Supreme Court · 1984

3Cited by16 opinions

  1. Home Indemnity Co. v. ScriccaAppellate Division of the Supreme Court of the State of New York · 1989
  2. Allstate Insurance v. RamirezAppellate Division of the Supreme Court of the State of New York · 1994
  3. Paramount Insurance v. MoctezumaAppellate Division of the Supreme Court of the State of New York · 1994
  4. Home Indemnity Insurance v. BrugnatelliNew York Supreme Court · 1987
  5. Kelly v. Amica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1988

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