Allstate Insurance v. Pigford

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Pigford

88 A.D.2d 810, 451 N.Y.S.2d 105, 1982 N.Y. App. Div. LEXIS 17114

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

DecidedJune 8, 1982

StatusPublished

Cited by1 cases

This text of 88 A.D.2d 810 (Allstate Insurance v. Pigford) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allstate Insurance v. Pigford, 88 A.D.2d 810, 451 N.Y.S.2d 105, 1982 N.Y. App. Div. LEXIS 17114 (N.Y. Ct. App. 1982).

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Opinion

— Order, Supreme Court, Bronx County (Mercorella, J.), entered March [811]*8119, 1981, reversed, on the law and the facts, the motion to stay arbitration denied and arbitration directed to proceed, without costs. Respondent-appellant State Farm Mutual Insurance Company’s notice of cancellation of the insurance policy issued by it was in proper form both as to size of type, and placement of the financial responsibility notice itself. The direction on the front to “see reverse side” is in the same size of type, 13 point, as the financial responsibility notice, thereby complying with Wilkerson v Apollon (81 AD2d 141). We do not agree with Special Term’s holding that, since the “clause concerning mandatory financial security was printed on the reverse side rather than the face side of the cancellation notice [it was] not in compliance with Section 313 of the Vehicle and Traffic Law.” There is no such statutory requirement. We hold that statutory direction on this subject to have been complied with. (Vehicle and Traffic Law, § 313.) In the circumstances, there being no effective coverage involving State Farm, the motion of petitioner-respondent Allstate Insurance Company, “uninsured motorist insurer,” to stay arbitration as to it should have been denied and arbitration directed to proceed. Concur — Murphy, P. J., Kupferman, Markewich, Fein and Lynch, JJ.

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— Order, Supreme Court, Bronx County (Mercorella, J.), entered March [811]*8119, 1981, reversed, on the law and the facts, the motion to stay arbitration denied and arbitration directed to proceed, without costs. Respondent-appellant State Farm Mutual Insurance Company’s notice of cancellation of the insurance policy issued by it was in proper form both as to size of type, and placement of the financial responsibility notice itself. The direction on the front to “see reverse side” is in the same size of type, 13 point, as the financial responsibility notice, thereby complying with Wilkerson v Apollon (81 AD2d 141). We do not agree with Special Term’s holding that, since the “clause concerning mandatory financial security was printed on the reverse side rather than the face side of the cancellation notice [it was] not in compliance with Section 313 of the Vehicle and Traffic Law.” There is no such statutory requirement. We hold that statutory direction on this subject to have been complied with. (Vehicle and Traffic Law, § 313.) In the circumstances, there being no effective coverage involving State Farm, the motion of petitioner-respondent Allstate Insurance Company, “uninsured motorist insurer,” to stay arbitration as to it should have been denied and arbitration directed to proceed. Concur — Murphy, P. J., Kupferman, Markewich, Fein and Lynch, JJ.

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Bluebook (online)

88 A.D.2d 810, 451 N.Y.S.2d 105, 1982 N.Y. App. Div. LEXIS 17114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-pigford-nyappdiv-1982.

Opinion

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