Legal Opinion

Lotito v. Metropolitan Property & Casualty Insurance

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

Decided June 3, 1996PublishedCited by 6 opinions

1Opinion of the Court

The petitioner was involved in a motor vehicle accident with a vehicle insured by Eagle Insurance Company (hereinafter Eagle). The petitioner’s vehicle was insured under a policy issued by the respondent with a combined uninsured/ underinsured coverage limit of $10,000. The petitioner settled her claim against the tortfeasor for $10,000, representing the full amount available under the policy issued by Eagle.

The petitioner thereafter commenced the instant proceeding to compel arbitration of an underinsured motorist claim. The respondent moved to stay arbitration asserting that, under its…

2Cases cited5 opinions

  1. Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
  2. United Community Insurance v. MucatelNew York Court of Appeals · 1987
  3. In re the Arbitration between Nationwide Insurance & WinnAppellate Division of the Supreme Court of the State of New York · 1995
  4. Zurich Insurance v. WilburnAppellate Division of the Supreme Court of the State of New York · 1995
  5. Nationwide Mutual Insurance v. CorizzoAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by6 opinions

  1. Nationwide Insurance v. OhrabloAppellate Division of the Supreme Court of the State of New York · 1997
  2. Liberty Mutual Insurance v. WalkerAppellate Division of the Supreme Court of the State of New York · 2011
  3. Nationwide Insurance v. KuchtaAppellate Division of the Supreme Court of the State of New York · 1997
  4. Nationwide Mutual Insurance v. DamaskinosAppellate Division of the Supreme Court of the State of New York · 1997
  5. In re the Arbitration between Metropolitan Property & Casualty Insurance Co. & HollingsworthAppellate Division of the Supreme Court of the State of New York · 1998

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