STATE WIDE INS CO v. CURRY


88 Misc.2d 238 (1976)

State Wide Insurance Company, Petitioner, v. Virginia Curry et al., Respondents.

Supreme Court, Special Term, Nassau County.

August 9, 1976


Attorney(s) appearing for the Case

Gordich, Cohen & DeLucia for petitioner. Bertram Herman, P. C., for respondents.


BERNARD F. McCAFFREY, J.

In this matter to stay arbitration the underlying issue to be resolved is whether, pursuant to section 334 of the New York State Insurance Law, an insured is precluded from making a claim under the provisions of the uninsured motorist's protection clause when the other vehicles's insurance company becomes insolvent.

Effective September 1, 1969, the Legislature created the New York Property and Liability Insurance Security...

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