MATTER OF EMPIRE MUT. INS. CO.


57 A.D.2d 824 (1977)

In the Matter of the Arbitration between Empire Mutual Insurance Company, Appellant, and Elizabeth Impliazzo et al., Respondents, and Resources Insurance Company, Appellant

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

May 31, 1977


An automobile owned and operated by Elizabeth Impliazzo was in collision with an automobile of Trevor Allen's. The insurer of the Allen vehicle is presently in liquidation. Impliazzo, taking the position that the offending (Allen) vehicle was uninsured, served a demand for arbitration upon her own insurance carrier, Empire Mutual Insurance Company, based on the uninsured motorist's endorsement in the policy. Empire applied at Special Term to stay arbitration on the ground...

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