MATTER OF STATE FARM MUT. AUTO. INS. CO. v. LoBUE


151 A.D.2d 487 (1989)

In the Matter of State Farm Mutual Automobile Insurance Company, Respondent, v. Frances LoBue, as Administratrix of The Estate of John LoBue, Deceased, Appellant, et al., Respondents

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

June 5, 1989


Ordered that the order and judgment is reversed, on the law and the facts, with costs, and the application for a permanent stay of arbitration is denied.

The issue before us is whether the trial court, at the conclusion of a bench trial, properly found that the respondent administratrix failed to exercise due diligence in ascertaining the insurance status of the vehicle with which the decedent was involved in an accident.

We hold, on the basis of the affirmations...

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