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SYRACUSE v. UTICA MUT INS

83 A.D.2d 116 (1981)

City of Syracuse, Appellant, v. Utica Mutual Insurance Company, Respondent

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

October 30, 1981

Attorney(s) appearing for the Case

David M. Garber (James L. Gelormini of counsel), for appellant.

Bond, Schoeneck & King (David L. Dawson of counsel), for respondent.

DILLON, P. J., SIMONS, DENMAN and MOULE, JJ., concur.

CALLAHAN, J.

The issue to be resolved on this appeal is whether an insurance company seeking reimbursement of first-party benefits it has paid must serve a notice of claim pursuant to section 50-e of the General Municipal Law as a condition precedent to mandatory arbitration against a municipal self-insurer under section 674 of the Insurance Law.

This controversy arises from the Utica Mutual Insurance Company's (Utica Mutual) claim for reimbursement...

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