Legal Opinion
In re the Arbitration between American Insurance & Messinger
New York Court of Appeals
Decided November 22, 1977PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
We hold that the determination made in a property damage arbitration proceeding between two insurance carriers disallowing the disclaimer of coverage by one of them is binding in a controversy between the same carriers in a subsequent personal injury action arising out of the same accident.
The relevant facts for the purposes of this appeal are not disputed. On May 31, 1972 Mr. and Mrs. Messinger were injured when the automobile owned and driven by him in which she was a passenger was struck in the rear by a vehicle owned by Gerald Zook and driven by Thomas Nobles.…
2Cases cited13 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
- Rembrandt Industries, Inc. v. Hodges International, Inc.New York Court of Appeals · 1976
- Pearl Street Development Corp. v. Conduit & Foundation Corp.New York Court of Appeals · 1976
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Nancy Kosakow v. New Rochelle Radiology Associates, P.C.Court of Appeals for the Second Circuit · 2001
- Vandenberg v. Superior CourtCalifornia Supreme Court · 1999
- Pike v. FreemanCourt of Appeals for the Second Circuit · 2001
- Matter of Am. Ins. Co (Messinger)New York Court of Appeals · 1977
- Lee L. Saad Constr. Co. v. DPF Architects, PCSupreme Court of Alabama · 2002
26 more not listed; retrieve them via the Exa API.