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eBook details

• Title: Matter Arbitration Between Safeco Insurance Company
• Author : Supreme Court of New York
• Release Date : January 20, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

In a proceeding, inter alia, to stay arbitration demanded by petitioners insured, Joseph Testagrossa, pursuant to the uninsured motorist provisions of the insurance policy issued to him, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered August 9, 1977, which, after a hearing, inter alia, denied the application. Judgment reversed, on the law and the facts, with costs, application to stay arbitration granted and it is determined (1) that Royal Globe Insurance Companies insured the motor vehicle owned by Patrick OKeefe on May 18, 1975, and (2) that Royal Globe Insurance Companies must defend Patrick OKeefe in any action arising out of the accident in question. On May 18, 1975, Joseph J. Testagrossa was allegedly injured when the motor vehicle he was operating struck a pole. He claimed that he had "swerved to avoid hitting car #2 [operated and owned by Patrick OKeefe] who went thru stop sign." Based on his belief that Mr. OKeefe was not insured, he filed a demand for arbitration pursuant to the uninsured motorist provisions of the insurance policy issued to him by Safeco Insurance Company (Safeco). Safeco moved to stay arbitration, claiming that Mr. OKeefe was insured by Royal Globe Insurance Companies (Royal Globe). In due course Royal Globe was added as a party and a hearing was held." Royal Globe asserted that it had no knowledge that it insured Mr. OKeefe, but that if Mr. OKeefe had been its insured, the policy had been canceled by the company prior to the accident. Special Term held that the evidence submitted at the hearing was sufficient to show that the policy had been canceled and denied the stay of the arbitration. We disagree. Mr. OKeefe, who apparently could not be located at the time of the hearing, did not appear. Safeco submitted into evidence a certified copy of the registration, dated September 27, 1974, of the vehicle of Mr. OKeefe for the year ending September 30, 1975. This bore an insurance company code number which Safeco alleged to be that of one of the Royal Globe companies. Howard North, senior underwriter for Royal Globe, did not specifically controvert this; he testified merely that he did not know whether [67 A.D.2d 979 Page 980]

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