State Farm Mutual Automobile Insurance v. McKoy

Appellate Division of the Supreme Court of New York

State Farm Mutual Automobile Insurance v. McKoy

288 A.D.2d 315, 732 N.Y.S.2d 870, 2001 N.Y. App. Div. LEXIS 10924

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

DecidedNovember 13, 2001

StatusPublished

This text of 288 A.D.2d 315 (State Farm Mutual Automobile Insurance v. McKoy) 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

State Farm Mutual Automobile Insurance v. McKoy, 288 A.D.2d 315, 732 N.Y.S.2d 870, 2001 N.Y. App. Div. LEXIS 10924 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Kings County (Johnson, J.), dated April 20, 2001, which denied the petition.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

The Supreme Court erred when it denied the petition, as the respondent failed to demonstrate that he acted with due diligence in ascertaining the insurance status of the allegedly uninsured vehicle (see, Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, 93 NY2d 487; Matter of Eagle Ins. Co. v Bernardine, 266 AD2d 543; Matter of Nationwide Ins. Co. v Montopoli, 262 AD2d 647; Matter of State Farm Mut. Auto. Ins. Co. v Adams, 259 AD2d 551). O’Brien, J. P., S. Miller, McGinity, Schmidt and Townes, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Kings County (Johnson, J.), dated April 20, 2001, which denied the petition.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

The Supreme Court erred when it denied the petition, as the respondent failed to demonstrate that he acted with due diligence in ascertaining the insurance status of the allegedly uninsured vehicle (see, Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, 93 NY2d 487; Matter of Eagle Ins. Co. v Bernardine, 266 AD2d 543; Matter of Nationwide Ins. Co. v Montopoli, 262 AD2d 647; Matter of State Farm Mut. Auto. Ins. Co. v Adams, 259 AD2d 551). O’Brien, J. P., S. Miller, McGinity, Schmidt and Townes, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

288 A.D.2d 315, 732 N.Y.S.2d 870, 2001 N.Y. App. Div. LEXIS 10924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-mckoy-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack