NATIONWIDE INS. v. INVESTORS


37 N.Y.2d 91 (1975)

In the Matter of Nationwide General Insurance Company et al., Respondents, v. Investors Insurance Company of America et al., Appellants.

Court of Appeals of the State of New York.

Decided June 9, 1975.


Attorney(s) appearing for the Case

John J. Tarpey and Paul W. Thorpe, Jr. for appellants.

Sol Kroll, Max Edelman and Roy E. Pomerantz for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.


WACHTLER, J.

The question on this appeal is whether the courts below properly stayed arbitration on the ground that the dispute was not within the scope of the arbitration clause.

Appellants (Investors) entered into a reinsurance treaty with the petitioners who agreed to indemnify Investors "for that portion of its General Liability writings which represents the excess of the sum of: (a) $50,000 each person...

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