Legal Opinion
Nova Casualty Co. v. Martin
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 2008PublishedCited by 4 opinions
1Opinion of the Court
The petitioner’s contention that there is no coverage under its policy’s uninsured motorist provisions because the offending vehicle was, in fact, insured, is irrelevant to the issue of whether the instant proceeding pursuant to CPLR article 75 was timely commenced (see Matter of Steck [State Farm Ins. Co.], 89 NY2d 1082 [1996]; Matter of Travelers Indem. Co. v Castro, 40 AD3d 1005, 1006-1007 [2007]; Matter of Hartford Ins. Co. v Buonocore, 252 AD2d 500, 501 [1998]). Such contention relates to whether certain conditions of the contract have been complied with and not whether the parties have…
2Cases cited4 opinions
- In re the Arbitration between Matarasso & Continental Casualty Co.New York Court of Appeals · 1982
- In Re the Arbitration Between Steck & State Farm InsuranceNew York Court of Appeals · 1996
- Hartford Insurance v. BuonocoreAppellate Division of the Supreme Court of the State of New York · 1998
- Travelers Indemnity Co. v. CastroAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by4 opinions
- State Farm Mutual Automobile Insurance Co. v. WaiteAppellate Division of the Supreme Court of the State of New York · 2009
- ALLSTATE INSURANCE COMPANY, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2016
- In re the Arbitration between Allstate Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2016
- In re the Arbitration between Allstate Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2016