Eagle Insurance v. Bernardine
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated September 17, 1998, which, inter alia, denied the petition.
Ordered that the order is reversed, with costs payable by the respondent, the petition is granted, and the arbitration is permanently stayed.
The relevant provision of the subject insurance policy required that the respondent, Joyce Bernardine, give notice of an uninsured motorist claim “as soon as practicable”. The respondent was…
2Cases cited6 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
- Nationwide Insurance v. MontopoliAppellate Division of the Supreme Court of the State of New York · 1999
- State Farm Mutual Automobile Insurance v. AdamsAppellate Division of the Supreme Court of the State of New York · 1999
- In re the Arbitration between Nationwide Mutual Insurance & OglesbyAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Nationwide Mutual Insurance v. DiGregorioAppellate Division of the Supreme Court of the State of New York · 2002
- In re the Arbitration between State Farm Mutual Automobile Insurance & HernandezAppellate Division of the Supreme Court of the State of New York · 2000
- Nationwide Mutual Insurance v. WexlerAppellate Division of the Supreme Court of the State of New York · 2000
- Phoenix Insurance v. TaschAppellate Division of the Supreme Court of the State of New York · 2003
- State Farm Mutual Automobile Insurance v. BombaceAppellate Division of the Supreme Court of the State of New York · 2004
12 more not listed; retrieve them via the Exa API.