Fireman's Fund Insurance v. Garrison

Appellate Division of the Supreme Court of New York

Fireman's Fund Insurance v. Garrison

99 A.D.2d 824, 472 N.Y.S.2d 416, 1984 N.Y. App. Div. LEXIS 17227

Appellate Division of the Supreme Court of the State of New York·Decided February 27, 1984·Published

Opinion

In a proceeding to stay arbitration, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Delaney, J.), entered August 16,1983, which denied the application. Judgment affirmed, with costs. Although we affirm, we note that the issue of whether there were one or two accidents is a matter to be resolved by the arbitrator. Subdivision 2 of section 675 of the Insurance Law is a broad arbitration clause embracing all disputes with respect to entitlement to first-party benefits arising under the statute {Ryder Truck Lines v Maiorano, 44 NY2d 364, 369). Lazer, J. P., Gibbons, Thompson and Boyers, JJ., concur.

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In a proceeding to stay arbitration, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Delaney, J.), entered August 16,1983, which denied the application. Judgment affirmed, with costs. Although we affirm, we note that the issue of whether there were one or two accidents is a matter to be resolved by the arbitrator. Subdivision 2 of section 675 of the Insurance Law is a broad arbitration clause embracing all disputes with respect to entitlement to first-party benefits arising under the statute {Ryder Truck Lines v Maiorano, 44 NY2d 364, 369). Lazer, J. P., Gibbons, Thompson and Boyers, JJ., concur.

Fireman's Fund Insurance v. Garrison, 99 A.D.2d 824, 472 N.Y.S.2d 416, 1984 N.Y. App. Div. LEXIS 17227 (N.Y. Ct. App. 1984).

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