Legal Opinion
Eveready Insurance v. Ruiz
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1994PublishedCited by 6 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated July 21, 1993, which, upon reargument, denied the application.
Ordered that the order is affirmed, with costs.
Contrary to the petitioner’s contention, we find that the Supreme Court did not err in concluding that the notice provisions in its uninsured motorist endorsement are ambiguous. Although one portion of the subject endorsement requires a claimant to file a statement under oath within 90…
2Cases cited2 opinions
- Guardian Life Insurance Co. of America, Inc. v. SchaeferNew York Court of Appeals · 1987
- Empire Insurance v. KaparosAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by6 opinions
- Empire Fire & Marine Insurance v. Eveready InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Eveready Insurance v. FarrellAppellate Division of the Supreme Court of the State of New York · 2003
- New York Central Mutual Fire Insurance v. VentoAppellate Division of the Supreme Court of the State of New York · 2009
- Legion Insurance v. EstevezAppellate Division of the Supreme Court of the State of New York · 2001
- American Home Assurance Co. v. JosephAppellate Division of the Supreme Court of the State of New York · 1995
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