Legal Opinion
State Farm Mutual Automobile Insurance v. Roth
Appellate Division of the Supreme Court of the State of New York
Decided July 5, 1994PublishedCited by 8 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of an underinsured motorist claim, George Roth and Susan Roth appeal from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated December 23, 1992, which granted the petitioner’s application to stay arbitration.
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the petitioner’s application to stay arbitration. Underinsured motorist coverage will only be available where the limits of liability of the motor vehicle liable for the damages are in a lesser amount than the bodily injury…
2Cases cited3 opinions
- Maurizzio v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1989
- Federal Insurance v. ReingoldAppellate Division of the Supreme Court of the State of New York · 1992
- Astuto v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by8 opinions
- In re the Arbitration between New Hampshire Insurance & BobakAppellate Division of the Supreme Court of the State of New York · 2010
- Allstate Insurance v. DeMoratoAppellate Division of the Supreme Court of the State of New York · 1999
- CGU Insurance v. NardelliNew York Supreme Court · 2001
- BOBAK, ADAM, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2012
- In re the Arbitration between Bobak & AIG Claims Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
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