Legal Opinion
Eagle Insurance v. Sanchez
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 2005PublishedCited by 1 opinion
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Allstate Insurance Company appeals from an order of the Supreme *656Court, Kings County (Bernstein, J.H.O.), dated August 11, 2004, which determined that its disclaimer of coverage as to its insured, Anthony J. Scarito, was invalid and, in effect, granted the petition and permanently stayed the arbitration.
Ordered that the order is affirmed, with costs.
For an insurer to disclaim its liability to its insured on the ground of lack of cooperation, the insurer must demonstrate (1)…
2Cases cited11 opinions
- Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Matter of Empire Mut. Ins. Co.New York Court of Appeals · 1975
- Wallace v. Universal InsuranceAppellate Division of the Supreme Court of the State of New York · 1963
- Statewide Insurance v. RayAppellate Division of the Supreme Court of the State of New York · 1986
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State Farm Mutual Automobile Insurance v. CampbellAppellate Division of the Supreme Court of the State of New York · 2007