Legal Opinion

In re the Arbitration between Country-Wide Insurance & Law

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

Decided November 3, 1983PublishedCited by 5 opinions

1Opinion of the Court

Order entered October 6, 1982 in Supreme Court, New York County (George Bundy Smith, J.), denying a petition to stay arbitration, unanimously reversed, on the law and the facts, the petition is granted and the matter is remanded for a preliminary trial on the issue of whether the accident in question comes within the insurance policy definition of “hit and run”, all without costs. Respondent claims he was nudged off the road into a guardrail by a “hit and run” driver one morning at 3 a.m., and his accident report, prepared four days later, so states. Petitioner provides the police accident…

2Cases cited3 opinions

  1. In re the Arbitration between Len & Lumbermens Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1981
  2. In re the Arbitration between Midwest Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
  3. In re the Arbitration between Country-Wide Insurance & IhneAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by5 opinions

  1. In re the Arbitration between Empire Mutual Insurance & ZelinAppellate Division of the Supreme Court of the State of New York · 1985
  2. Maryland Casualty Co. v. PiaseckiAppellate Division of the Supreme Court of the State of New York · 1997
  3. Allstate Insurance v. WeissAppellate Division of the Supreme Court of the State of New York · 1991
  4. American Protection Insurance v. DeFalcoAppellate Division of the Supreme Court of the State of New York · 2009
  5. Eveready Insurance v. ScottAppellate Division of the Supreme Court of the State of New York · 2003

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