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Nationwide Mutual Ins. Co. v. Figliomeni

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1989
147 A.D.2d 942 (N.Y. App. Div. 1989)

Summary

In Nationwide Mut. Ins. Co. v Figliomeni (147 A.D.2d 942), however, the Fourth Department noted that to the extent any language in Manfredo may be interpreted as being contrary to Insurance Law § 3420 (f) (2) it should not be followed.

Summary of this case from Tetteris v. Travelers Ins Co.

Opinion

February 3, 1989

Appeal from the Supreme Court, Onondaga County, Mordue, J.

Present — Dillon, P.J., Callahan, Denman, Green and Lawton, JJ.


Judgment unanimously affirmed without costs. Memorandum: Special Term properly granted petitioner's application to stay arbitration. Other issues raised by the parties may not be resolved in the context of a CPLR article 75 proceeding to stay arbitration (see, Matter of Kansas City Fire Mar. Ins. Co. [Barnes], 115 A.D.2d 311). They must be resolved in an appropriate action. We note that the resolution of the issues raised may involve our decision in Manfredo v Centennial Ins. Co. ( 124 A.D.2d 979). In the interest of judicial economy and clarity, we note that, to the extent any language in Manfredo may be interpreted as being contrary to Insurance Law § 3420 (f) (2), it should not be followed. In Manfredo, the underinsured motorists coverage was inapplicable because the limits of bodily injury liability of the policy held by the tort-feasor were not less than the limits of bodily injury liability held by the insured claimant.


Summaries of

Nationwide Mutual Ins. Co. v. Figliomeni

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1989
147 A.D.2d 942 (N.Y. App. Div. 1989)

In Nationwide Mut. Ins. Co. v Figliomeni (147 A.D.2d 942), however, the Fourth Department noted that to the extent any language in Manfredo may be interpreted as being contrary to Insurance Law § 3420 (f) (2) it should not be followed.

Summary of this case from Tetteris v. Travelers Ins Co.
Case details for

Nationwide Mutual Ins. Co. v. Figliomeni

Case Details

Full title:NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent, v. JOSEPH A. FIGLIOMENI…

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

Date published: Feb 3, 1989

Citations

147 A.D.2d 942 (N.Y. App. Div. 1989)

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