Legal Opinion
Progressive Northeastern Insurance v. McBride
Appellate Division of the Supreme Court of the State of New York
Decided August 18, 2009PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of an underinsured motorist claim, the petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (Rios, J.), dated May 20, 2008, as denied that branch of the petition which was to permanently stay the arbitration.
*633Ordered that the judgment is affirmed, with costs.
In the context of supplementary uninsured/underinsured motorist (hereinafter SUM) claims, it is the claimant’s burden to prove timeliness of notice, which is measured by the date the claimant knew…
2Cases cited15 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- 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
- Morris Park Contracting Corp. v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Liberty Mutual Insurance v. GallagherAppellate Division of the Supreme Court of the State of New York · 2009
- Gilliard v. ProgressiveAppellate Division of the Supreme Court of the State of New York · 2012
- Tri-State Consumer Insurance v. FurboterAppellate Division of the Supreme Court of the State of New York · 2010
- Gilliard v. ProgressiveAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of GuideOne Specialty Mut. Ins. Co. v. CruzAppellate Division of the Supreme Court of the State of New York · 2017