Reisman v. Coleman

Appellate Division of the Supreme Court of New York

Reisman v. Coleman

193 A.D.2d 659, 598 N.Y.S.2d 12

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

DecidedMay 10, 1993

StatusPublished

Cited by3 cases

This text of 193 A.D.2d 659 (Reisman v. Coleman) 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

Reisman v. Coleman, 193 A.D.2d 659, 598 N.Y.S.2d 12 (N.Y. Ct. App. 1993).

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Opinion

In a consolidated action to recover damages for personal injuries, etc., and a [660]*660proceeding to compel arbitration, Aetna Casualty and Surety Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Krausman, J.), dated January 30, 1991, as directed that the matter proceed to arbitration before the American Arbitration Association.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant’s contention, there are conflicting endorsements in the subject insurance policy. It is well established that an insurance policy must be construed in favor of the policyholder if reasonably susceptible to two different constructions, and any ambiguities are to be resolved in favor of the policyholder and against the carrier (see, Levinson v Aetna Cas. & Sur. Co., 42 AD2d 811). Therefore, the parties were properly directed to proceed to arbitration in accordance with the rules of the American Arbitration Association.

In light of the foregoing determination, we need not consider the appellant’s remaining contentions. Bracken, J. P., Rosenblatt, Miller and Pizzuto, JJ., concur.

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In a consolidated action to recover damages for personal injuries, etc., and a [660]*660proceeding to compel arbitration, Aetna Casualty and Surety Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Krausman, J.), dated January 30, 1991, as directed that the matter proceed to arbitration before the American Arbitration Association.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant’s contention, there are conflicting endorsements in the subject insurance policy. It is well established that an insurance policy must be construed in favor of the policyholder if reasonably susceptible to two different constructions, and any ambiguities are to be resolved in favor of the policyholder and against the carrier (see, Levinson v Aetna Cas. & Sur. Co., 42 AD2d 811). Therefore, the parties were properly directed to proceed to arbitration in accordance with the rules of the American Arbitration Association.

In light of the foregoing determination, we need not consider the appellant’s remaining contentions. Bracken, J. P., Rosenblatt, Miller and Pizzuto, JJ., concur.

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Bluebook (online)

193 A.D.2d 659, 598 N.Y.S.2d 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reisman-v-coleman-nyappdiv-1993.

Opinion

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