Nationwide Insurance v. Smaller
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 permanently stay arbitration of a claim for supplementary uninsured motorist benefits, Lisa Smaller appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), dated December 7, 1998, which granted the petition.
Ordered that the order is affirmed, without costs or disbursements.
The appellant is not a covered person entitled to supplementary uninsured motorist benefits under her former husband’s insurance policy. The policy provides such coverage only for the “named insured and, while residents of the same household [the…
2Cases cited4 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Fireman's Fund Insurance v. FredaAppellate Division of the Supreme Court of the State of New York · 1989
- Aetna Casualty & Surety Co. v. GutsteinNew York Court of Appeals · 1992
- Pellegrino v. State Farm InsuranceNew York Supreme Court · 1996
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- Siragusa v. Granite State InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Arbitration between New York Casualty Ins. & EnzinnaNew York Supreme Court · 2004
- State Farm Fire & Casualty Co. v. RaabeAppellate Division of the Supreme Court of the State of New York · 2012
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