Legal Opinion
In re the Arbitration between Nationwide Mutual Insurance & Mackey
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2006PublishedCited by 5 opinions
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (Hummel, J.), entered September 14, 2004 in Columbia County, which, inter alia, denied petitioner’s application pursuant to CPLR 7503 to stay arbitration between the parties.
Petitioner argues that respondents failed to comply with a condition precedent to supplemental uninsured motorist (hereinafter SUM) coverage when they allegedly did not return a “Proof of Claim” form as soon as practicable. On June 8, 2003, 16-year-old respondent Deanna Delaney sustained serious injuries (including fractures requiring surgery) while a passenger in a vehicle that…
2Cases cited3 opinions
- Argo Corp. v. Greater New York Mutual InsuranceNew York Court of Appeals · 2005
- In Re the Arbitration Between Brandon & Nationwide Mutual InsuranceNew York Court of Appeals · 2002
- Rekemeyer v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2005
3Cited by5 opinions
- New York Central Mutual Fire Insurance v. VentoAppellate Division of the Supreme Court of the State of New York · 2009
- New York Central Mutual Fire Insurance v. WardAppellate Division of the Supreme Court of the State of New York · 2007
- Liberty Moving & Storage Co. v. Westport InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- In re the Arbitration between Progressive Insurance Companies & HouseAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Arbitration between Liberty Mutual Insurance & FrenkelAppellate Division of the Supreme Court of the State of New York · 2009