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Matter of Allstate Insurance Co. v. Pigford

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1982
88 A.D.2d 810 (N.Y. App. Div. 1982)

Opinion

June 8, 1982


Order, Supreme Court, Bronx County (Mercorella, J.), entered March 9, 1981, reversed, on the law and the facts, the motion to stay arbitration denied and arbitration directed to proceed, without costs. Respondent-appellant State Farm Mutual Insurance Company's notice of cancellation of the insurance policy issued by it was in proper form both as to size of type, and placement of the financial responsibility notice itself. The direction on the front to "see reverse side" is in the same size of type, 13 point, as the financial responsibility notice, thereby complying with Wilkerson v. Apollon ( 81 A.D.2d 141). We do not agree with Special Term's holding that, since the "clause concerning mandatory financial security was printed on the reverse side rather than the face side of the cancellation notice [it was] not in compliance with Section 313 Veh. Traf. of the Vehicle and Traffic Law." There is no such statutory requirement. We hold that statutory direction on this subject to have been complied with. (Vehicle and Traffic Law, § 313.) In the circumstances, there being no effective coverage involving State Farm, the motion of petitioner-respondent Allstate Insurance Company, "uninsured motorist insurer," to stay arbitration as to it should have been denied and arbitration directed to proceed.

Concur — Murphy, P.J., Kupferman, Markewich, Fein and Lynch, JJ.


Summaries of

Matter of Allstate Insurance Co. v. Pigford

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1982
88 A.D.2d 810 (N.Y. App. Div. 1982)
Case details for

Matter of Allstate Insurance Co. v. Pigford

Case Details

Full title:In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. WALTER…

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

Date published: Jun 8, 1982

Citations

88 A.D.2d 810 (N.Y. App. Div. 1982)

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