Allstate Insurance v. Negron

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Negron

262 A.D.2d 407, 689 N.Y.S.2d 663, 1999 N.Y. App. Div. LEXIS 6359

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

DecidedJune 7, 1999

StatusPublished

Cited by1 cases

This text of 262 A.D.2d 407 (Allstate Insurance v. Negron) 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. Negron, 262 A.D.2d 407, 689 N.Y.S.2d 663, 1999 N.Y. App. Div. LEXIS 6359 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding pursuant to CPLR 7503 (c) to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated June 10, 1998, as, upon granting reargument, adhered to its original determination in an order dated December 24, 1997, denying the petition and dismissing the proceeding.

Ordered that the order is affirmed insofar as appealed from, with costs.

Upon reargument, the insurer still failed to meet its burden of explaining the delay of nearly nine months in notifying the insured of its disclaimer (see, Hartford Ins. Co. v County of Nassau, 46 NY2d 1028; Ward v Corbally, Gartland & Rappleyea, 207 AD2d 342). Therefore, the Supreme Court properly adhered to its original determination. Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.

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—In a proceeding pursuant to CPLR 7503 (c) to permanently stay arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated June 10, 1998, as, upon granting reargument, adhered to its original determination in an order dated December 24, 1997, denying the petition and dismissing the proceeding.

Ordered that the order is affirmed insofar as appealed from, with costs.

Upon reargument, the insurer still failed to meet its burden of explaining the delay of nearly nine months in notifying the insured of its disclaimer (see, Hartford Ins. Co. v County of Nassau, 46 NY2d 1028; Ward v Corbally, Gartland & Rappleyea, 207 AD2d 342). Therefore, the Supreme Court properly adhered to its original determination. Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.

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Bluebook (online)

262 A.D.2d 407, 689 N.Y.S.2d 663, 1999 N.Y. App. Div. LEXIS 6359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-negron-nyappdiv-1999.

Opinion

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