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GERLING REINS. v. HOME INS.

302 A.D.2d 118 (2002)

752 N.Y.S.2d 611

GERLING GLOBAL REINSURANCE CORPORATION, Appellant, v. HOME INSURANCE COMPANY, Respondent.

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

December 17, 2002.

Attorney(s) appearing for the Case

Sylvia Semerdjian of counsel (David L. Pitchford, attorney), for appellant.

Daniel A. Hargraves of counsel (Andrew J. Costigan on the brief; Hargraves, McConnell & Costigan, P.C. and Jonathan Rosen, attorneys), for respondent.

MAZZARELLI, J.P., ANDRIAS and BUCKLEY, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This appeal—from the grant of defendant's motion to compel arbitration and stay this action seeking the recovery of approximately $3.1 million—presents the issue of whether a reinsurer's claim in equity for restitution of monies had and received, mistakenly paid by the reinsurer, comes within the scope of an arbitration clause limited to disputes involving the interpretation of the reinsurance contracts.

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