Legal Opinion
Newark Insurance v. Caruso
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2005PublishedCited by 4 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for uninsured motorist benefits, the appeal is *614from an order of the Supreme Court, Westchester County (Coppola, J.H.O.), dated August 29, 2003, which, after a framed issue hearing, granted the petition.
Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.
Physical contact is a condition precedent to recovery on an uninsured motorist claim (see Insurance Law § 5217; Matter of Utica Mut. Ins. Co. v Leconte, 3 AD3d 534 [2004]; Matter of Eveready Ins. Co. v…
2Cases cited9 opinions
- Allstate Insurance v. McMahonAppellate Division of the Supreme Court of the State of New York · 1998
- Coverdale v. ZuckerAppellate Division of the Supreme Court of the State of New York · 1999
- Aetna Life & Casualty v. GramazioAppellate Division of the Supreme Court of the State of New York · 1997
- Greenhill v. StillwellAppellate Division of the Supreme Court of the State of New York · 2003
- Utica Mutual Insurance v. LeconteAppellate Division of the Supreme Court of the State of New York · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nova Casualty Co. v. MuscoAppellate Division of the Supreme Court of the State of New York · 2008
- Liberty Mutual Insurance v. VellaAppellate Division of the Supreme Court of the State of New York · 2011
- Progressive Specialty Insurance v. LubeckAppellate Division of the Supreme Court of the State of New York · 2013
- Progressive Specialty Insurance v. LubeckAppellate Division of the Supreme Court of the State of New York · 2013