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FACTORY MUTUAL INSURANCE COMPANY v. MUTUAL MARINE OFFICE, INC.

57 A.D.3d 304 (2008)

868 N.Y.S.2d 521

FACTORY MUTUAL INSURANCE COMPANY, as Successor in Interest to ARKWRIGHT MUTUAL INSURANCE COMPANY, Formerly Known as ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE COMPANY, Appellant, and UTICA MUTUAL INSURANCE COMPANY, Appellant, v. MUTUAL MARINE OFFICE, INC., Respondent.

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

December 11, 2008.

The court properly interpreted the arbitration clause with respect to the arbitrability of matters "not specifically covered" in the underlying agreement; the contrary interpretation proffered by the insurers would render the word "specifically" meaningless (see Beal Sav. Bank v Sommer, 8 N.Y.3d 318, 324 [2007]). Mutual Marine's interpretation was not precluded by its unsuccessful argument in another case (see Baje Realty Corp...

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