American Home Assurance Co. v. Williams

Appellate Division of the Supreme Court of New York

American Home Assurance Co. v. Williams

282 A.D.2d 674, 723 N.Y.S.2d 409, 2001 N.Y. App. Div. LEXIS 3977

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

DecidedApril 23, 2001

StatusPublished

Cited by2 cases

This text of 282 A.D.2d 674 (American Home Assurance Co. v. Williams) 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

American Home Assurance Co. v. Williams, 282 A.D.2d 674, 723 N.Y.S.2d 409, 2001 N.Y. App. Div. LEXIS 3977 (N.Y. Ct. App. 2001).

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Opinion

—In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated May 17, 2000, which granted the motion of the respondent James O. Williams to reargue the petition, and upon reargument, denied the petition.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the appellant’s insured met all of the prerequisites to make a claim against the appellant for underinsured motorist benefits. The insured was excused from his failure to obtain the appellant’s consent to his settlement of his action against the parties who injured him because the release he executed sufficiently preserved the appellant’s subrogation rights (see, Weinberg v Transamerica Ins. Co., 62 NY2d 379; Matter of Federal Ins. Co. v Stechman, 192 AD2d 531; cf., Wisotsky v Oak Leasing Corp., 212 AD2d 527; Matter of State Farm Mut. Ins. Co. v Lopez, 163 AD2d 390).

The appellant’s remaining contentions are without merit. Santucci, J. P., S. Miller, Luciano and Feuerstein, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated May 17, 2000, which granted the motion of the respondent James O. Williams to reargue the petition, and upon reargument, denied the petition.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the appellant’s insured met all of the prerequisites to make a claim against the appellant for underinsured motorist benefits. The insured was excused from his failure to obtain the appellant’s consent to his settlement of his action against the parties who injured him because the release he executed sufficiently preserved the appellant’s subrogation rights (see, Weinberg v Transamerica Ins. Co., 62 NY2d 379; Matter of Federal Ins. Co. v Stechman, 192 AD2d 531; cf., Wisotsky v Oak Leasing Corp., 212 AD2d 527; Matter of State Farm Mut. Ins. Co. v Lopez, 163 AD2d 390).

The appellant’s remaining contentions are without merit. Santucci, J. P., S. Miller, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

282 A.D.2d 674, 723 N.Y.S.2d 409, 2001 N.Y. App. Div. LEXIS 3977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-home-assurance-co-v-williams-nyappdiv-2001.

Opinion

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