Allstate Insurance v. Glick

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Glick

204 A.D.2d 315, 614 N.Y.S.2d 154, 1994 N.Y. App. Div. LEXIS 4617

Appellate Division of the Supreme Court of the State of New York·Decided May 2, 1994·Published

Opinion

—In a proceeding to permanently stay arbitration, the petitioner appeals from an order of the Supreme Court, Queens County (Rutledge, J.), dated September 28, 1992, which denied the application.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

The respondent insured failed to comply with a condition precedent of uninsured motorist coverage which was clearly set forth in her insurance policy (see, Canty v MVAIC, 95 AD2d 509). The court erred in denying the petition on the ground that the insurer was not prejudiced (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 NY2d 436; Eveready Ins. [316] Co. v Levine, 145 AD2d 526). Accordingly, the order is reversed, the petition is granted, and arbitration is permanently stayed. Sullivan, J. P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a proceeding to permanently stay arbitration, the petitioner appeals from an order of the Supreme Court, Queens County (Rutledge, J.), dated September 28, 1992, which denied the application.

Ordered that the order is reversed, on the law, with costs, the petition is granted, and arbitration is permanently stayed.

The respondent insured failed to comply with a condition precedent of uninsured motorist coverage which was clearly set forth in her insurance policy (see, Canty v MVAIC, 95 AD2d 509). The court erred in denying the petition on the ground that the insurer was not prejudiced (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 NY2d 436; Eveready Ins. [316] Co. v Levine, 145 AD2d 526). Accordingly, the order is reversed, the petition is granted, and arbitration is permanently stayed. Sullivan, J. P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.

Allstate Insurance v. Glick, 204 A.D.2d 315, 614 N.Y.S.2d 154, 1994 N.Y. App. Div. LEXIS 4617 (N.Y. Ct. App. 1994).

Pincite

204 A.D.2d 315 (Allstate Insurance v. Glick) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related