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WESTPORT INS. CORP. v. HBC US HOLDINGS INC.

Index No. 657017/20, Appeal No. 16169, Case No. 2022-00230.

206 A.D.3d 520 (2022)

168 N.Y.S.3d 685

2022 NY Slip Op 03997

Westport Insurance Corporation, Appellant, v. HBC US Holdings Inc., Respondent.

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

Decided June 21, 2022.

Attorney(s) appearing for the Case

DLA Piper LLP (US), New York ( Aidan M. McCormack of counsel), for appellant.

Godosky & Gentile, P.C., New York ( David M. Godosky of counsel), for respondent,

Concur—Gische, J.P., Friedman, González, Rodriguez, Pitt, JJ.

The insurance contract at issue includes an arbitration provision. The parties agreed that "[i]f the Insured and the Insurer fail to agree as to the amount of any claim payable hereunder, or the interpretation of this policy, then, on written demand of either, each shall select a competent and disinterested arbitrator and notify the other of the same within 20 days." The contract also contains an endorsement of plaintiff's "miscellaneous...

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