Legal Opinion
Preferred Mutual Insurance v. Bath
New York Supreme Court
Decided June 2, 2009Published
1Opinion of the Court
OPINION OF THE COURT
Henry F. Zwack, J.
*176This is a special proceeding brought pursuant to CPLR 7503 (c) seeking to stay arbitration of a supplementary uninsured./ underinsured motorist (SUM) claim. Respondent was injured on June 1, 2008 when the driver of the car in which she was riding lost control and the vehicle flipped over. The driver was later charged with driving while intoxicated. His insurance carrier settled with respondent for the $25,000 personal injury liability limit of his policy. Respondent then sought SUM coverage from petitioner, with whom respondent’s husband has a policy of…
2Cases cited5 opinions
- Wagman v. American Fidelity & Casualty Co.New York Court of Appeals · 1952
- Markevics v. Liberty Mutual InsuranceNew York Court of Appeals · 2001
- Walton v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1996
- Delaware & Hudson Railway Co. v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1987
- Cohen v. Chubb Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 2001