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Date: 01-08-2025

Case Style:

In the Matter of Nationwide General Insurance Company v. Francisc P. Discolo

Case Number: 2023-09266

Judge: Not Available

Court: Supreme Court

Plaintiff's Attorney: Brian Rayhill

Defendant's Attorney:


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Description: Mineola, New York insurance law lawyer represented the Defendant seeking to arbitrate his claims.

Francis P. Discolo, allegedly was involved in a motor vehicle collision with a vehicle owned by the additional respondent Xudong Ping (hereinafter the Ping vehicle) and operated by another individual. The Ping vehicle was insured by the additional respondent Country-Wide Insurance Company (hereinafter Country-Wide), which denied Discolo's bodily injury claim because its investigation had revealed that the Ping vehicle was in "a state of theft" on the date of loss. Discolo, whose vehicle was insured by the petitioner, Nationwide General Insurance Company (hereinafter Nationwide), on the date of the collision, served Nationwide with a demand for arbitration of his claim for supplemental uninsured motorist (hereinafter SUM) benefits. Nationwide commenced this proceeding, among other things, to permanently stay arbitration, contending, inter alia, that the Ping vehicle was insured on the date of the collision. In an order entered July 6, 2023, the Supreme Court granted that branch of the petition which was to temporarily stay arbitration pending a framed-issue hearing.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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