MATTER OF COUNTRY-WIDE INS. CO.


48 N.Y.2d 831 (1979)

In the Matter of the Arbitration between Country-Wide Insurance Company, Respondent, and Robert Barrios, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1979.


Attorney(s) appearing for the Case

Maurice Chayt for appellant.

Bernard Samuels and Eric M. Alderman for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judges JASEN and MEYER dissent and vote to affirm for reasons stated in the dissenting opinion by Judge MEYER in Matter of Fresh Meadows Med. Assoc. (Liberty Mut. Ins. Co.) ().


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court denying the insurer's application for a permanent stay of arbitration reinstated.

Under the provisions of section 675 of the Insurance Law as implemented by regulations promulgated by the Superintendent of Insurance the insured is given the option of submitting any dispute involving the insurer's liability to pay first-party benefits, including...

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