American Manufacturers Mutual Insurance v. Barlow

Appellate Division of the Supreme Court of New York

American Manufacturers Mutual Insurance v. Barlow

15 A.D.3d 477, 789 N.Y.S.2d 443, 2005 N.Y. App. Div. LEXIS 1650

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

DecidedFebruary 14, 2005

StatusPublished

Cited by1 cases

This text of 15 A.D.3d 477 (American Manufacturers Mutual Insurance v. Barlow) 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

American Manufacturers Mutual Insurance v. Barlow, 15 A.D.3d 477, 789 N.Y.S.2d 443, 2005 N.Y. App. Div. LEXIS 1650 (N.Y. Ct. App. 2005).

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Opinion

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for supplementary uninsured motorist benefits, Valerie Barlow appeals from an order of the Supreme Court, Queens County (Hart, J.), dated November 6, 2003, which, inter alia, granted the petition.

Ordered that the order is affirmed, with costs.

The appellant, a passenger in a rented car driven by her husband, was injured when he crossed over into oncoming traffic and collided with a tractor-trailer. It is undisputed that to obtain supplementary uninsured motorist coverage the appellant was required to prove culpable conduct on the part of her deceased insured spouse (see Insurance Law § 3420 [g]). The Supreme Court properly concluded that the appellant’s supplementary uninsured motorist claim was precluded by the spousal exemption set forth in Insurance Law § 3420 (g) (cf. Matter of General Acc. Ins. Co. v Elbaum, 236 AD2d 472, 473 [1997]; Phillips v General Acc. Ins. Co., 230 AD2d 897 [1996]). Thus, the petition to stay arbitration was properly granted. Goldstein, J.E, Luciano, Crane and Spolzino, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for supplementary uninsured motorist benefits, Valerie Barlow appeals from an order of the Supreme Court, Queens County (Hart, J.), dated November 6, 2003, which, inter alia, granted the petition.

Ordered that the order is affirmed, with costs.

The appellant, a passenger in a rented car driven by her husband, was injured when he crossed over into oncoming traffic and collided with a tractor-trailer. It is undisputed that to obtain supplementary uninsured motorist coverage the appellant was required to prove culpable conduct on the part of her deceased insured spouse (see Insurance Law § 3420 [g]). The Supreme Court properly concluded that the appellant’s supplementary uninsured motorist claim was precluded by the spousal exemption set forth in Insurance Law § 3420 (g) (cf. Matter of General Acc. Ins. Co. v Elbaum, 236 AD2d 472, 473 [1997]; Phillips v General Acc. Ins. Co., 230 AD2d 897 [1996]). Thus, the petition to stay arbitration was properly granted. Goldstein, J.E, Luciano, Crane and Spolzino, JJ., concur.

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Bluebook (online)

15 A.D.3d 477, 789 N.Y.S.2d 443, 2005 N.Y. App. Div. LEXIS 1650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-manufacturers-mutual-insurance-v-barlow-nyappdiv-2005.

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