MATTER OF STATE FARM MUT. AUTO. INS. CO.


30 A.D.2d 594 (1968)

In the Matter of the Arbitration between State Farm Mutual Automobile Insurance Company, Appellant, and Doris A. Malik, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 20, 1968


Per Curiam.

The "unilateral declaration of noncoverage" by the disclaiming insurer, Lumbermen's, does not preclude judicial inquiry in respect of the validity of the disclaimer and under the statute (Insurance Law, § 167, subd. 2-a; § 600, subd. [2]) appellant insurer, State Farm, is given "an opportunity to litigate before a court, rather than before an arbitrator, the question whether the [disclaiming insurer's] policy failed to take effect or was...

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