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MATTER OF ALLSTATE INS. CO. (STOLARZ — NJM)

81 N.Y.2d 219 (1993)

In the Matter of the Arbitration between Allstate Insurance Company, Petitioner, and Kathleen Stolarz et al., Respondents; New Jersey Manufacturers Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 1993.

Attorney(s) appearing for the Case

Downing & Mehrtens, P. C., New York City (Thomas E. Mehrtens, Alison D. Metzler and John M. Downing of counsel), for appellant.

Michael R. Scolnick, P. C., Pomona (Michael R. Scolnick and Valerie Crown-Goldstein of counsel), for respondents.

Judges SIMONS, TITONE, BELLACOSA and SMITH concur with Chief Judge KAYE; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion.

Chief Judge KAYE.

In this automobile insurance dispute, both Supreme Court and the Appellate Division concluded that there was a conflict between New York and New Jersey law, and that New York law should control. We conclude there is no such conflict, and in any event New Jersey law applies. Accordingly, we reverse.

I.

On February 18, 1989, Kathleen Stolarz and her husband were injured in a...

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