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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 2, 1994

StatusPublished

This text of 204 A.D.2d 315 (Allstate Insurance v. Glick) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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]*316Co. 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.

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—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]*316Co. 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.

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Bluebook (online)

204 A.D.2d 315, 614 N.Y.S.2d 154, 1994 N.Y. App. Div. LEXIS 4617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-glick-nyappdiv-1994.

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