Day: July 20, 2016

ARTICLE 75

Progressive Cas. Ins. Co. v. Garcia, 33 N.Y.S.3d 385 Insurer brought a CPLR article 75 to permanently stay arbitration of an uninsured motorist claim.  The Appellate Division reversed the lower Court saying Progressive failed to timely commence the action.  Specifically, the Court said: “ ‘C

RES JUDICATA EFFECT OF DJ ACTIONS

Atlantic Chiropractic, P.C. v. Liberty Mut. Fire Ins. Co., 2016 WL 3748486 With respect to the effect of a prior DJ Action where the insurer won on the defense of EUO no shows, the Court stated as follows: The Supreme Court judgment declared that the failure of plaintiff’s assignor to appear for d