MATTER OF ARBITRATION BETWEEN MOTT AND STATE FARM INS. CO.


77 A.D.2d 488 (1980)

In the Matter of the Arbitration between David L. Mott, Respondent, and State Farm Insurance Co., Appellant

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

December 18, 1980


Attorney(s) appearing for the Case

Chernin & Gold (Martin J. Kane and John Rittinger of counsel), for appellant.

Joseph T. Pondolfino, Jr., for respondent.

MAHONEY, P. J., SWEENEY, KANE and HERLIHY, JJ., concur.


CASEY, J.

On April 1, 1978 petitioner sustained serious personal injuries in a one-car accident that occurred in Delaware County. As a consequence, petitioner applied for no-fault benefits to respondent (State Farm). State Farm denied the claim, contending that petitioner was operating the motor vehicle at the time of the accident in an intoxicated condition.

At petitioner's request, an expedited arbitration...

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