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Mack v. State Farm Mut. Automobile Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 1083 (N.Y. App. Div. 1998)

Summary

In Mack v. State Farm Mutual Automobile Insurance Co., 251 AD2d 1083, 675 N.Y.S. 2d 575 (4th Dept. 1998), the court found summary judgment in favor of an insurer to be proper when the insurer was sued for No-Fault benefits by an insured who previously elected an arbitration forum.

Summary of this case from Advanced Med. Care, PLLC v. Travelers Prop. Cas.

Opinion

June 10, 1998

Appeal from Order of Supreme Court, Onondaga County, Major, J. — Summary Judgment.

Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant State Farm Mutual Automobile Insurance Company for summary judgment dismissing the complaint in this action in which plaintiff seeks to recover no-fault benefits from her insurance carrier. Having previously elected an arbitration forum, plaintiff waived her right to commence an action based upon claims arising out of the same accident ( see, Roggio v. Nationwide Mut. Ins. Co., 66 N.Y.2d 260, 263-264; Gibeault v. Home Ins. Co., 221 A.D.2d 826, 827). The court also properly denied plaintiffs cross motion to compel arbitration. Plaintiff voluntarily withdrew her demand for arbitration upon settlement by the parties of the issues before the arbitrator, and plaintiff has identified no additional issues subject to arbitration.


Summaries of

Mack v. State Farm Mut. Automobile Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 1083 (N.Y. App. Div. 1998)

In Mack v. State Farm Mutual Automobile Insurance Co., 251 AD2d 1083, 675 N.Y.S. 2d 575 (4th Dept. 1998), the court found summary judgment in favor of an insurer to be proper when the insurer was sued for No-Fault benefits by an insured who previously elected an arbitration forum.

Summary of this case from Advanced Med. Care, PLLC v. Travelers Prop. Cas.
Case details for

Mack v. State Farm Mut. Automobile Ins. Co.

Case Details

Full title:LAVONNE L. MACK, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 10, 1998

Citations

251 A.D.2d 1083 (N.Y. App. Div. 1998)
675 N.Y.S.2d 575

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