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MATTER OF EMPIRE MUT. INS. CO.

83 A.D.2d 822 (1981)

In the Matter of the Arbitration between Empire Mutual Insurance Company, Respondent, and Max Kohulka, as Administrator of The Estate of John Kohulka, Deceased, Respondent, and Insurance Company of North America, Appellant

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

August 27, 1981

Morgan against claims arising out of an automobile accident which occurred on April 18, 1974, unanimously reversed, on the law and the facts, with costs, the application of Empire Mutual to stay arbitration denied, and the petition dismissed. There was no need to determine whether the adjective law of New York or New Jersey was applicable in resolving the question whether the policy issued by Insurance Company of North America to Morgan was in effect at the time of the accident...

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