In re the Arbitration between National Grange Mutual Insurance & Jackson

Appellate Division of the Supreme Court of New York

In re the Arbitration between National Grange Mutual Insurance & Jackson

86 A.D.2d 870, 447 N.Y.S.2d 303, 1982 N.Y. App. Div. LEXIS 15506

Appellate Division of the Supreme Court of the State of New York·Decided February 16, 1982·Published

Opinion

In a proceeding to stay the arbitration of an uninsured motorist claim, Canal Insurance Company appeals from an order and judgment (one paper) of the Supreme Court, Orange County (O’Gorman, J.), dated October 9, 1980, which denied the petition for a stay of the arbitration, refused to direct a hearing and directed the parties to proceed with arbitration. Order and judgment affirmed, with $50 costs and disbursements. Claimant has shown the necessary condition precedent in that he has established physical contact between himself and a covered vehicle under section 617 of the Insurance Law (see Matter of Royal Globe Ins. Co. v Smith, 79 AD2d 710). Arbitration should, therefore, proceed. Damiani, J. P., Titone, Mangano and Weinstein, JJ., concur.

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In a proceeding to stay the arbitration of an uninsured motorist claim, Canal Insurance Company appeals from an order and judgment (one paper) of the Supreme Court, Orange County (O’Gorman, J.), dated October 9, 1980, which denied the petition for a stay of the arbitration, refused to direct a hearing and directed the parties to proceed with arbitration. Order and judgment affirmed, with $50 costs and disbursements. Claimant has shown the necessary condition precedent in that he has established physical contact between himself and a covered vehicle under section 617 of the Insurance Law (see Matter of Royal Globe Ins. Co. v Smith, 79 AD2d 710). Arbitration should, therefore, proceed. Damiani, J. P., Titone, Mangano and Weinstein, JJ., concur.

In re the Arbitration between National Grange Mutual Insurance & Jackson, 86 A.D.2d 870, 447 N.Y.S.2d 303, 1982 N.Y. App. Div. LEXIS 15506 (N.Y. Ct. App. 1982).

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Opinion

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