MTR. OF NATIONWIDE MUT. INS. (MASON)


37 A.D.2d 15 (1971)

In the Matter of the Arbitration between Nationwide Mutual Insurance Company, Respondent, and Harold T. Mason, Respondent; Lumbermens Mutual Casualty Company, Appellant

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

June 14, 1971.


Attorney(s) appearing for the Case

Evans, Orr, Pacelli, Norton & Laffan (William F. Laffan, Jr., and Walter G. Evans of counsel), for appellant.

Carroll & Spencer (Joseph F. Spencer of counsel), for Nationwide Mutual Insurance Company, respondent.

HOPKINS, Acting P. J., GULOTTA, CHRIST and BENJAMIN, JJ., concur.


SHAPIRO, J.

After a hearing held pursuant to CPLR 410, the trial court adjudged that the appellant, Lumbermens Mutual Casualty Company (Lumbermens), had failed to prove by a fair preponderance of the credible evidence that its attempted cancellation of the policy issued by it to Hattie B. Dozier was valid. The court also ordered a permanent stay of the arbitration sought by the claimant, Harold T. Mason, against...

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