In re the Arbitration between Country-Wide Insurance & Zampino

97 A.D.2d 728, 468 N.Y.S.2d 635, 1983 N.Y. App. Div. LEXIS 20449

Opinion

—Judgment of December 20,1982, Supreme Court, New York County (Bernard Nadel, J.), which gave summary judgment to Country-Wide by declaring the driver’s vehicle was insured by Prudential, unanimously reversed, on the law, with costs, and the matter is remanded for a de novo hearing. Respondent Zampino was a passenger in a 1969 Chevrolet driven by William Carmody when a collision occurred. Zampino made a claim under his own policy with Country-Wide on the grounds that the automobile was not insured. When Country-Wide rejected the claim, Zampino demanded arbitration. Country-Wide, in turn, petitioned to permanently stay arbitration, alleging that the vehicle was in fact insured by Prudential, and that Prudential’s notice of cancellation (for nonpayment of premium) was ineffective. We find a number of issues which preclude summary judgment and require a fuller hearing. Among these questions must be whether Prudential issued Carmody a policy for this vehicle, or instead, for a 1968 Chevrolet, and if the latter, whether the contractual provision for coverage of subsequently acquired automobiles requires notice from the insured to the insurer. Concur — Murphy, P. J., Kupferman, Carro, Silverman and Kassal, JJ.