MATTER OF INTERBORO MUT. INDEM. INS. CO. v. NAPOLITANO


232 A.D.2d 561 (1996)

648 N.Y.S.2d 978

In the Matter of Interboro Mutual Indemnity Insurance Company, Appellant, v. Christine Napolitano, Respondent

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

October 21, 1996


Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, and the petition to permanently stay arbitration is granted.

The respondent was allegedly injured in a motor vehicle accident involving a vehicle owned by persons insured by the petitioner. The subject insurance policy required, inter alia, that "the insured or someone acting on his behalf" report the accident within...

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