Colonial Penn Insurance v. Pevzner

Appellate Division of the Supreme Court of New York

Colonial Penn Insurance v. Pevzner

266 A.D.2d 391, 698 N.Y.S.2d 310, 1999 N.Y. App. Div. LEXIS 11547

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

DecidedNovember 15, 1999

StatusPublished

Cited by20 cases

This text of 266 A.D.2d 391 (Colonial Penn Insurance v. Pevzner) 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.

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Colonial Penn Insurance v. Pevzner, 266 A.D.2d 391, 698 N.Y.S.2d 310, 1999 N.Y. App. Div. LEXIS 11547 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), dated November 24, 1998, which denied the petition and directed the parties to proceed to arbitration.

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

The 41-day delay of the respondent State Farm Insurance (hereinafter State Farm) in disclaiming coverage for the vehicle of its insured, Chin Hasing L. Ng, based on his failure to provide it with timely notice of an accident, was unreasonable as a matter of law (see, Matter of Nationwide Mut. Ins. Co. v Steiner, 199 AD2d 507). Its attempt to justify that delay is unpersuasive. Since insurance coverage for the Ng vehicle still exists, the petition to stay arbitration of the uninsured motorist claim of Leonid A. Pevzner should have been granted. Santucci, J. P., Thompson, Sullivan and Friedmann, JJ., concur.

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—In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.H.O.), dated November 24, 1998, which denied the petition and directed the parties to proceed to arbitration.

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

The 41-day delay of the respondent State Farm Insurance (hereinafter State Farm) in disclaiming coverage for the vehicle of its insured, Chin Hasing L. Ng, based on his failure to provide it with timely notice of an accident, was unreasonable as a matter of law (see, Matter of Nationwide Mut. Ins. Co. v Steiner, 199 AD2d 507). Its attempt to justify that delay is unpersuasive. Since insurance coverage for the Ng vehicle still exists, the petition to stay arbitration of the uninsured motorist claim of Leonid A. Pevzner should have been granted. Santucci, J. P., Thompson, Sullivan and Friedmann, JJ., concur.

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266 A.D.2d 391, 698 N.Y.S.2d 310, 1999 N.Y. App. Div. LEXIS 11547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colonial-penn-insurance-v-pevzner-nyappdiv-1999.

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