Eagle Insurance v. ELRAC, Inc.
Opinion of the Court
—Judgment, Supreme Court, New York County (Walter Tolub, J.), entered on or about June 18, 2001, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 75 to stay arbitration of a no-fault claim, unanimously affirmed, with costs.
Kevin Campbell, while a passenger in a livery vehicle insured by petitioner Eagle Insurance Company and driven by Joseph Bonne-Annge, was injured when the livery vehicle was involved in an accident with a car owned by respondent ELRAC, Inc. and driven by Keisha Richards. After a trial on the issue of liability, Richards was found 100% liable for the accident. Respondent then settled the case with Campbell. As part of the settlement, respondent paid Campbell’s outstanding medical expenses, which petitioner apparently had refused to pay. The general release executed by Campbell expressly preserved his right to collect no-fault benefits from any no-fault provider. Campbell then, in open court and on the record, assigned his right to seek no-fault reimbursement to respondent. Respon
Petitioner’s contentions regarding the merits of respondent’s claim are to be determined by the arbitrator (see, Nassau Ins. Co. v McMorris, 41 NY2d 701). Concur — Nardelli, J.P., Tom, Andrias, Rubin and Buckley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.