Legal Opinion
In re the Arbitration between Smith
New York Court of Appeals
Decided July 6, 1971PublishedCited by 51 opinions
1Opinion of the CourtBreitel, J.
The issue, in this proceeding to stay arbitration, is whether there was physical contact between an unidentified vehicle and the injured claimant’s automobile as contemplated by the Accident Indemnification Law (Insurance Law, § 617). An unidentified tractor-trailer combination approached claimant ’s automobile from an opposite direction. Snow and ice were dislodged from the tractor-trailer, striking and shattering claim*118ant’s windshield and thus causing the injuries. Special Term and the Appellate Division allowed the arbitration. There should be a reversal, because there was no physical…
2Cases cited5 opinions
- Gavin v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1968
- In re the Arbitration between Shamrock Casualty Co. & MackNew York Supreme Court · 1969
- Holad v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1967
- Fontheim v. Third Avenue Railway Co.New York Court of Appeals · 1939
- In re the Arbitration between Greco & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1967
3Cited by51 opinions
- Clark v. Regent Insurance Co.South Dakota Supreme Court · 1978
- Travelers Indemnity Co. v. ReddickOhio Supreme Court · 1974
- Allstate Insurance v. KillakeyNew York Court of Appeals · 1991
- Hamric v. DoeWest Virginia Supreme Court · 1997
- ILLINOIS NAT'L INSURANCE CO. v. PalmerAppellate Court of Illinois · 1983
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