NASSAU INS. CO. v. McMORRIS


41 N.Y.2d 701 (1977)

In the Matter of Nassau Insurance Company, Appellant, v. Denise McMorris, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 1977.


Attorney(s) appearing for the Case

Morris Hass, Jamaica, for appellant.

Gerald J. Silver, The Bronx, for respondent.

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


JONES, J.

We hold that under the present standard provisions of no-fault insurance assuring a claimant "the option of submitting any dispute involving the insurer's liability to pay first party benefits" (Insurance Law, § 675, subd 2) to binding arbitration, the question as to whether the policy in question had been canceled prior to the accident is for the arbitrator and not for the courts.

In this case appellant insurer had issued a policy...

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