Nationwide Mutual Insurance v. Benjamin

Appellate Division of the Supreme Court of New York

Nationwide Mutual Insurance v. Benjamin

15 A.D.3d 663, 789 N.Y.S.2d 913, 2005 N.Y. App. Div. LEXIS 2075

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

DecidedFebruary 28, 2005

StatusPublished

This text of 15 A.D.3d 663 (Nationwide Mutual Insurance v. Benjamin) 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

Nationwide Mutual Insurance v. Benjamin, 15 A.D.3d 663, 789 N.Y.S.2d 913, 2005 N.Y. App. Div. LEXIS 2075 (N.Y. Ct. App. 2005).

Pincite

Opinion

In a proceeding pursuant to CFLR article 75 to stay arbitration of a claim for uninsured motorist benefits, Allstate Insurance Company appeals from an order of the Supreme Court, Kings County (Alfano, J.H.O.), dated May 14, 2004, which, after a hearing, granted the petition, stayed the arbitration, and determined that it insured the offending vehicle.

Ordered that the order is reversed, on the law and the facts, with costs payable by the respondent Nationwide Mutual Insurance Company, and the petition is dismissed as academic.

By letter dated October 4, 2004, Nationwide Mutual Insurance Company (hereinafter Nationwide) notified this Court that “Nationwide has conceded [uninsured motorist] coverage in the above action/appeal [and] has settled the within matter with [its insured] in the amount of $11,500.” In light of Nationwide’s concession that it owed its insured uninsured motorist benefits pursuant to the indorsement in its policy, Nationwide’s petition to stay arbitration of its insured’s claim for uninsured motorist [664]*664benefits is academic. Thus, the order appealed from, which granted the petition and determined that Allstate Insurance Company insured the alleged offending vehicle, lacks a factual basis, and the petition must be dismissed as academic. Florio, J.E, Adams, S. Miller and Santucci, JJ., concur.

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In a proceeding pursuant to CFLR article 75 to stay arbitration of a claim for uninsured motorist benefits, Allstate Insurance Company appeals from an order of the Supreme Court, Kings County (Alfano, J.H.O.), dated May 14, 2004, which, after a hearing, granted the petition, stayed the arbitration, and determined that it insured the offending vehicle.

Ordered that the order is reversed, on the law and the facts, with costs payable by the respondent Nationwide Mutual Insurance Company, and the petition is dismissed as academic.

By letter dated October 4, 2004, Nationwide Mutual Insurance Company (hereinafter Nationwide) notified this Court that “Nationwide has conceded [uninsured motorist] coverage in the above action/appeal [and] has settled the within matter with [its insured] in the amount of $11,500.” In light of Nationwide’s concession that it owed its insured uninsured motorist benefits pursuant to the indorsement in its policy, Nationwide’s petition to stay arbitration of its insured’s claim for uninsured motorist [664]*664benefits is academic. Thus, the order appealed from, which granted the petition and determined that Allstate Insurance Company insured the alleged offending vehicle, lacks a factual basis, and the petition must be dismissed as academic. Florio, J.E, Adams, S. Miller and Santucci, JJ., concur.

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Bluebook (online)

15 A.D.3d 663, 789 N.Y.S.2d 913, 2005 N.Y. App. Div. LEXIS 2075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-mutual-insurance-v-benjamin-nyappdiv-2005.