Nationwide Insurance v. Guareno
Cases that cite this one
1 later published case cites this decision.
- Peak Prop. & Cas. Ins. Corp. v. Rodriguez (Appellate Division of the Supreme Court of New York 2024)
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 to stay arbitration of a claim for uninsured motorist benefits, the petitioner Nationwide Insurance Company appeals from an order of the Supreme Court, Nassau County (Cozzens, J.), dated September 30, 1999, which denied the petition and directed the parties to proceed to arbitration.
Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.
The respondent Arismendy Guareno was allegedly injured in New York when a vehicle in which he was riding collided with a vehicle owned by the respondent Adrian Mayo. At the time,
For the reasons stated in Eagle Ins. Co. v Singletary (279 AD2d 56 [decided herewith]), the Supreme Court properly resolved the conflict of law question in favor of applying Virginia law. However, Nationwide is correct that there are questions of fact as to whether Mayo made any material misrepresentations in the application for insurance and, therefore, whether Integon properly cancelled her policy. Thus, the Supreme Court erred in denying the petition at this juncture and the matter is remitted to the Supreme Court, Nassau County, for further proceedings.
Nationwide’s remaining contention is without merit. Ritter, J. P., Florio, H. Miller and Feuerstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.