Preview
FILED: NASSAU COUNTY CLERK 08/18/2020 02:23 PM INDEX NO. 606120/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/18/2020
"H"
EXHIBIT
FILED: NASSAU COUNTY CLERK 08/18/2020 02:23 PM INDEX NO. 606120/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/18/2020
SUPREME COURT OF THE STATE OF NEW YORK MAR I 6 2120
COUNTY OF NASSAU
_____-_-__-____------------------------------------------- ---X
In the Matter of the Insurer, INTERINSURANCE
EXCHANGE OF THE AUTOMOBILE CLUB, on Index No. 615125 /f9
behalf of insured, JOSE PILAR NIEVES,
Petitioner, ORDER WITH
NOTICE OF ENTRY
- against -
GEICO CORPORATE GROUP and GEICO
INDEMNITY,
Respondents.
________________. ---------X
C O U N S E L :
PLEASE TAKE NOTICE, that the attached Order is a true copy of the Order of the within
Court which was So Ordered on March 6, 2020 (Hon. Arthur M. Diamond, J.S.C.) and duly entered
in the Office of the Clerk of the within Court and/or County on March 9, 2020.
Dated: Melville, New York
March 11, 2020
Yours, etc.
MARSHALL DENNEHEY WARNER
COLEMAN& GOGGIN
BY: Ê Sidf0ftÁ6t O/#65
Christopher J.Power, Esq.
Attorneys for Defendant
105 Maxess Road, Suite 303
Melville, New York 11747
(631) 232-6130
TO: HARRIETTE G. ZELMAN, ESQ.
Attorney for Respondents
225 Roslyn Road
Roslyn Heights, New York 11577
FILED: NASSAU COUNTY CLERK 08/18/2020 02:23 PM INDEX NO. 606120/2020
NYSCEF
[FILEDTDOC. NO.
NASSAU29 COUNTY CLERK 03/09/2020 12 : 01 RECEIVED INDEXNYSCEF:
NO. 08/18/2020
615125/Ó019
P_
NYSCEF DOC. NO. 38 REC YSCEF: 03/09/2020
SUPREME COURT - STATE OF NEW YORK
Present:
HON. ARTHUR M. DIAMOND
Justice Supreme Court
In the Matter of the Insurer, INTERINSURANCE TRIAL PART: 5
EXCHANGE OF THE AUTOMOBILE CLUB, on
behalf of insured, JOSE PlLAR NIEVES, NASSAU COUNTY
Petitioner, INDEX NO: 615125/2019
.e
-against-
GEICO CORPORATE GROUP and GEICO MOTION SEQ #: 1
UNDEMNITY,
SUBMIT DATE: 1/27/19
Respondents,
------------------------------------------ -------------x
The following papers having been read on this motion:
Notice of Petition ......................1
Opposition ............................2
Reply .............·............. . . . ...3
The motion by the Petitioner, Interinsurance Exchange of the Automobile Club
(hereinafter "Interinsurance"), to permanently stay all arbitration proceedings with GEICO,
Respondents, involving no-fault benefits paid by Respondents to its insured following an
accident on July 28, 2018, pursuant to CPLR §7503, or in the alternative, to temporarily stay the
arbitration pending a framed-issue hearing, is hereby denied in its entirety. The issue betwcca
these two insurance entities is not whether payment is due to one of its insured and who should
make that payment; rather, whether or not Respondents should be reimbursed by Petitioner for
the no-fault benefits that were already paid out by them. Although Petitioner argues that it
should not be required to reimburse Respondents for no-fault benefits that it paid, since the
policy involving its insured was not issued in New York and does not allow for no-fault
coverage, this is of no consequence. Respoñdeñts paid no-fault or first-party benefits to its
insured as that term is defined under Section 51 of the Insurance Law; as such, the controversy
between these two parties falls squarely within the language of 11 NYCRR 65-4.11 and subject
to mandatory arbitration. Thus, the instant application is denied in itsentirety and the petition
dismissed forthwith.
1 of 2
FILED: NASSAU COUNTY CLERK 08/18/2020 02:23 PM INDEX NO. 606120/2020
NYSCEF DOC. NO. 29 RECEIVED INDEXNYSCEF:
NO. 615125/2019
08/18/2020
fÈILED: NASSAU COUNTY-CLERK 03 /09/2020 12 : 01 PT
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/09/2020
Petitioner shall file and serve a copy of the within order with notice of eñtry upon
Respendcats within thirty (30) days frorn the date of this order.
This hereby constitutes the decision and order of this Court.
.E N T E R
DATED: March 6, 2020
HÒlf ARTHUR M. DIAMOND
J.S.C.
ENTERED
MAR 0 9 2020
NASSAU COUNTY
COUNTY CLERK'S OFFICE
2
2 of 2
FILED: NASSAU COUNTY CLERK 08/18/2020 02:23 PM INDEX NO. 606120/2020
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/18/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
___ ------------------------------------------------- X
In the Matter of the Insurer, INTERINSURANCE
EXCHANGE OF THE AUTOMOBILE CLUB, on IndexNo, 615125/19
behalf of insured, JOSE PILAR NIEVES,
Petitioner,
- against -
GEICO CORPORATE GROUP and GEICO
INDEMNITY,
Respondents.
._____---X
ORDER WITH NOTICE OF ENTRY
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
Attorneys for Petitioner
105Maxess Road - Suite 303
Melville, New York 11747
(631) 232-6130
Preview
FILED: NASSAU COUNTY CLERK 08/18/2020 02:23 PM INDEX NO. 606120/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/18/2020 "H" EXHIBIT FILED: NASSAU COUNTY CLERK 08/18/2020 02:23 PM INDEX NO. 606120/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/18/2020 SUPREME COURT OF THE STATE OF NEW YORK MAR I 6 2120 COUNTY OF NASSAU _____-_-__-____------------------------------------------- ---X In the Matter of the Insurer, INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, on Index No. 615125 /f9 behalf of insured, JOSE PILAR NIEVES, Petitioner, ORDER WITH NOTICE OF ENTRY - against - GEICO CORPORATE GROUP and GEICO INDEMNITY, Respondents. ________________. ---------X C O U N S E L : PLEASE TAKE NOTICE, that the attached Order is a true copy of the Order of the within Court which was So Ordered on March 6, 2020 (Hon. Arthur M. Diamond, J.S.C.) and duly entered in the Office of the Clerk of the within Court and/or County on March 9, 2020. Dated: Melville, New York March 11, 2020 Yours, etc. MARSHALL DENNEHEY WARNER COLEMAN& GOGGIN BY: Ê Sidf0ftÁ6t O/#65 Christopher J.Power, Esq. Attorneys for Defendant 105 Maxess Road, Suite 303 Melville, New York 11747 (631) 232-6130 TO: HARRIETTE G. ZELMAN, ESQ. Attorney for Respondents 225 Roslyn Road Roslyn Heights, New York 11577 FILED: NASSAU COUNTY CLERK 08/18/2020 02:23 PM INDEX NO. 606120/2020 NYSCEF [FILEDTDOC. NO. NASSAU29 COUNTY CLERK 03/09/2020 12 : 01 RECEIVED INDEXNYSCEF: NO. 08/18/2020 615125/Ó019 P_ NYSCEF DOC. NO. 38 REC YSCEF: 03/09/2020 SUPREME COURT - STATE OF NEW YORK Present: HON. ARTHUR M. DIAMOND Justice Supreme Court In the Matter of the Insurer, INTERINSURANCE TRIAL PART: 5 EXCHANGE OF THE AUTOMOBILE CLUB, on behalf of insured, JOSE PlLAR NIEVES, NASSAU COUNTY Petitioner, INDEX NO: 615125/2019 .e -against- GEICO CORPORATE GROUP and GEICO MOTION SEQ #: 1 UNDEMNITY, SUBMIT DATE: 1/27/19 Respondents, ------------------------------------------ -------------x The following papers having been read on this motion: Notice of Petition ......................1 Opposition ............................2 Reply .............·............. . . . ...3 The motion by the Petitioner, Interinsurance Exchange of the Automobile Club (hereinafter "Interinsurance"), to permanently stay all arbitration proceedings with GEICO, Respondents, involving no-fault benefits paid by Respondents to its insured following an accident on July 28, 2018, pursuant to CPLR §7503, or in the alternative, to temporarily stay the arbitration pending a framed-issue hearing, is hereby denied in its entirety. The issue betwcca these two insurance entities is not whether payment is due to one of its insured and who should make that payment; rather, whether or not Respondents should be reimbursed by Petitioner for the no-fault benefits that were already paid out by them. Although Petitioner argues that it should not be required to reimburse Respondents for no-fault benefits that it paid, since the policy involving its insured was not issued in New York and does not allow for no-fault coverage, this is of no consequence. Respoñdeñts paid no-fault or first-party benefits to its insured as that term is defined under Section 51 of the Insurance Law; as such, the controversy between these two parties falls squarely within the language of 11 NYCRR 65-4.11 and subject to mandatory arbitration. Thus, the instant application is denied in itsentirety and the petition dismissed forthwith. 1 of 2 FILED: NASSAU COUNTY CLERK 08/18/2020 02:23 PM INDEX NO. 606120/2020 NYSCEF DOC. NO. 29 RECEIVED INDEXNYSCEF: NO. 615125/2019 08/18/2020 fÈILED: NASSAU COUNTY-CLERK 03 /09/2020 12 : 01 PT NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/09/2020 Petitioner shall file and serve a copy of the within order with notice of eñtry upon Respendcats within thirty (30) days frorn the date of this order. This hereby constitutes the decision and order of this Court. .E N T E R DATED: March 6, 2020 HÒlf ARTHUR M. DIAMOND J.S.C. ENTERED MAR 0 9 2020 NASSAU COUNTY COUNTY CLERK'S OFFICE 2 2 of 2 FILED: NASSAU COUNTY CLERK 08/18/2020 02:23 PM INDEX NO. 606120/2020 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/18/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ___ ------------------------------------------------- X In the Matter of the Insurer, INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, on IndexNo, 615125/19 behalf of insured, JOSE PILAR NIEVES, Petitioner, - against - GEICO CORPORATE GROUP and GEICO INDEMNITY, Respondents. ._____---X ORDER WITH NOTICE OF ENTRY MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Petitioner 105Maxess Road - Suite 303 Melville, New York 11747 (631) 232-6130