Maryland Casualty Co. v. Piasecki
Cases that cite this one
7 later published cases cite this decision.
- Utica Mutual Insurance v. Leconte (Appellate Division of the Supreme Court of New York 2004)
- New York Central Mutual Fire Insurance v. Paredes (Appellate Division of the Supreme Court of New York 2001)
- Matter of Allstate Ins. Co. v. Deleon (Appellate Division of the Supreme Court of New York 2018)
- Allstate Insurance v. Aizin (Appellate Division of the Supreme Court of New York 2013)
- Allstate Insurance v. Aizin (Appellate Division of the Supreme Court of New York 2013)
- State Farm Mutual Automobile Insurance v. Johnson (Appellate Division of the Supreme Court of New York 2001)
- Liberty Mutual Insurance v. Hutardo (Appellate Division of the Supreme Court of New York 2001)
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
In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated January 18, 1996, which denied the petition.
Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk
The respondent alleged that she lost control of her car after a hit-and-run vehicle which cut in front of her came into physical contact with her car. However, according to the police report which was prepared at the scene of the accident, the respondent merely told the reporting officer that she lost control of her car; no other vehicle was mentioned. Physical contact is a prerequisite to the applicability of the uninsured motorist endorsement in the insured’s policy (see, Matter of Allstate Ins. Co. v Weiss, 178 AD2d 529). Under the circumstances, there is an issue of fact with respect to physical contact, and the matter must be remitted to the Supreme Court, Suffolk County, for a hearing (see, Matter of Allstate Ins. Co. v Weiss, supra; see also, Matter of Country-Wide Ins. Co. [Law], 97 AD2d 699). Rosenblatt, J. P., Thompson, Santucci and Altman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.