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LUMBERMENS MUT. CAS. CO. v. SCHREM

227 A.D.2d 280 (1996)

642 N.Y.S.2d 668

Lumbermens Mutual Casualty Company, Respondent, v. Jacob Schrem, Appellant

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

May 21, 1996

Despite the fact that both parties erroneously relied on the standard, rather than the supplemental insurance policy, which was noted by the IAS Court, the interpretation of an insurance policy is a question of law which can be raised for the first time on appeal (State of New York v U.W. Marx, Inc., 209 A.D.2d 784). As a result, we may consider the language of both the standard and supplemental policies in determining whether arbitration...

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