Stuyvesant Insurance v. United States Fidelity & Guaranty Co.
Cases that cite this one
2 later published cases cite this decision.
- Government Employees Insurace v. Home Mutual Insurance (Appellate Division of the Supreme Court of New York 1980)
- Davies v. Nationwide Mutual Insurance (New York Supreme Court 1979)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order unanimously affirmed, with costs. Memorandum: Petitioner-respondent, Stuyvesant Insurance Company (hereinafter Stuyvesant), the insurer of a motorcycle operated by Fleming, has obtained a permanent stay of an arbitration proceeding commenced pursuant to section 674 of the Insurance Law by respondent-appellant United States Fidelity and Guaranty Company (hereinafter USF&G), the insurer of an automobile operated by Eisenhauer. Eisenhauer was seriously injured in a collision with Fleming’s motorcycle. USF&G, after paying first-party benefits to Eisenhauer commenced the proceeding under section 674 of the Insurance Law to recover the amount of such benefits from Stuyvesant as "the insurer of [Fleming, a] covered person if and to the extent that such other covered person would have been liable, but for the provisions of this article, to pay damages in an action at law.” (Insurance Law, § 674, subd 1.) The stay of arbitration was properly granted. Because motorcycles are exempt from mandatory no-fault coverage (Insurance Law, § 671, subd 6), Fleming was not covered for no-fault protection under the Stuyvesant standard policy and he was, therefore, not a "covered person” as the term is used in subdivision 1 of section 674 of the Insurance
Case-law data current through September 30, 2026. Source: CourtListener bulk data.