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Matter of Liberty Mutual Ins. Co. v. Bethel

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 1994
207 A.D.2d 449 (N.Y. App. Div. 1994)

Opinion

August 15, 1994

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


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

Having failed to file a notice of cancellation with the Commissioner of the Department of Motor Vehicles pursuant to the provisions of Vehicle and Traffic Law § 313 in effect at the time of the cancellation (see, Vehicle and Traffic Law § 313 [a]; [3]), the termination of coverage by the respondent Centennial Insurance Co. was not effective with respect to the claim made by the respondent Daniel Bethel arising out of the May 15, 1988, accident. Accordingly, the petition to stay arbitration under the uninsured motorist endorsement of the petitioner Liberty Mutual Insurance Co.'s policy should have been granted (see, Matter of Eveready Ins. Co. v. Wilson, 180 A.D.2d 796). Sullivan, J.P., Lawrence, Pizzuto and Joy, JJ., concur.


Summaries of

Matter of Liberty Mutual Ins. Co. v. Bethel

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 1994
207 A.D.2d 449 (N.Y. App. Div. 1994)
Case details for

Matter of Liberty Mutual Ins. Co. v. Bethel

Case Details

Full title:In the Matter of LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. DANIEL…

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

Date published: Aug 15, 1994

Citations

207 A.D.2d 449 (N.Y. App. Div. 1994)
615 N.Y.S.2d 462

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