MATTER OF WORLDWIDE UNDERWRITERS INS. CO. v. LUMBERMENS MUT. CAS. CO.


181 A.D.2d 784 (1992)

In the Matter of Worldwide Underwriters Insurance Company, Appellant, v. Lumbermens Mutual Casualty Company, Respondent, and Stephen Green et al., Respondents

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

March 16, 1992


Ordered that the order is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

We agree with the petitioner Worldwide Underwriters Insurance Company (hereinafter Worldwide) that the Supreme Court erroneously concluded that Lumbermens Mutual Casualty Company (hereinafter Lumbermens) established by competent evidence that it had canceled the automobile insurance policy issued to its insured Willie Ellerbee prior to the date...

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