Legal Opinion

Travelers Home & Marine Insurance v. Kanner

Appellate Division of the Supreme Court of the State of New York

Decided February 13, 2013Published

1Opinion of the Court

In a proceeding pursuant to CFLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Westchester County (Smith, J.), entered January 23, 2012, which denied the petition.

Ordered that the order is reversed, on the law, with costs, and the petition is granted.

On September 24, 2010, Samantha Kanner commenced an action to recover damages for personal injuries against the owner and the driver of a vehicle that allegedly struck her while she was riding a bicycle on June 5, 2010. On September 23, 2011,…

2Cases cited9 opinions

  1. Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
  2. State Farm Mutual Automobile Insurance v. TaglianettiAppellate Division of the Supreme Court of the State of New York · 1986
  3. State Farm Mutual Insurance v. DonathAppellate Division of the Supreme Court of the State of New York · 1990
  4. State Farm Automobile Insurance v. BlancoAppellate Division of the Supreme Court of the State of New York · 1994
  5. New York Central Mutual Fire Insurance v. DanaherAppellate Division of the Supreme Court of the State of New York · 2002

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