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- Title
UNINSURED MOTORIST--AGREEMENT TO EXTEND TIME TO APPLY FOR A STAY--CPLR 7503 (c).
- Abstract
This article focuses on the ruling of the court on the case "Allstate Insurance Co. v. Carillo," implying that where the insured's attorney had stipulated that the insurer would have 45 days to move for a sray of arbitration and the service of papers was made upon the attorney by regular mail, both in contravention of CPLR 7503, the court applied equitable estoppel and referred the application to stay for trial. The court noted first that the facts of the case indicated a strong reliance by the insurer upon the attorney's representations and therefore held that inequity would result from permitting the insured to claim that the time limit had run.
- Subjects
UNINSURED motorist insurance; ACTIONS &; defenses (Law); APPELLATE courts; ALLSTATE Insurance Co.; ESTOPPEL; INSURANCE companies
- Publication
Arbitration Journal, 1972, Vol 27, Issue 3, p204
- ISSN
0003-7893
- Publication type
Article