Legal Opinion

Interboro Mutual Indemnity Insurance v. Rivas

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

Decided June 6, 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 appeal is from an order of the Supreme Court, Nassau County (McCarty, J.), dated July 1, 1992, which granted the petitioner’s application for a permanent stay of arbitration.

Ordered that the order is reversed, on the law, with costs, the petition is dismissed, and the parties are directed to proceed to arbitration.

It is well settled that an insurance company may not disclaim coverage if it fails to give the injured party timely notice of the disclaimer "as soon as is reasonably…

2Cases cited7 opinions

  1. Zappone v. Home InsuranceNew York Court of Appeals · 1982
  2. Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
  3. General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
  4. Kramer v. Interboro Mutual Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
  5. Mount Vernon Fire Insurance v. Gatesington Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. U.S. Underwriters Insurance v. Congregation B'nai IsraelDistrict Court, E.D. New York · 1995
  2. Prudential Property & Casualty Insurance v. PersaudAppellate Division of the Supreme Court of the State of New York · 1998
  3. Mann v. Gulf InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  4. North Country Insurance v. TuckerAppellate Division of the Supreme Court of the State of New York · 2000
  5. 523 BWAY, LLC v. Erie & Niagara Ins. Assn.Appellate Division of the Supreme Court of the State of New York · 2025

1 more not listed; retrieve them via the Exa API.

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