General Accident Insurance v. State Farm Mutual Automobile Insurance

Appellate Division of the Supreme Court of New York

General Accident Insurance v. State Farm Mutual Automobile Insurance

186 A.D.2d 1053, 590 N.Y.S.2d 780, 1992 N.Y. App. Div. LEXIS 11663

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 1992·Published

Opinion

[1054] during the limitations period (see, Matter of Aetna Cas. & Sur. Co. v Nationwide Ins. Co., 162 AD2d 525; cf., New York Cent. Mut. Fire Ins. Co. v Amica Mut. Ins. Co., supra). Supreme Court erred, therefore, in denying petitioner’s application for a permanent stay of arbitration on the ground that State Farm’s claim against petitioner is time-barred.

We reject State Farm’s argument that petitioner should be estopped from asserting the Statute of Limitations as a defense. State Farm failed to establish that petitioner induced it to forego timely bringing its claim through fraud, misrepresentation or deception (see, Park Assocs. v Crescent Park Assocs., 159 AD2d 460, 461; Murphy v Wegman’s Food Mkts., 140 AD2d 973, 974, lv denied 72 NY2d 808). (Appeal from Order of Supreme Court, Oneida County, Tenney, J. — Arbitration.) Present — Denman, P. J., Green, Balio, Boehm and Davis, JJ.

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[1054] during the limitations period (see, Matter of Aetna Cas. & Sur. Co. v Nationwide Ins. Co., 162 AD2d 525; cf., New York Cent. Mut. Fire Ins. Co. v Amica Mut. Ins. Co., supra). Supreme Court erred, therefore, in denying petitioner’s application for a permanent stay of arbitration on the ground that State Farm’s claim against petitioner is time-barred.

We reject State Farm’s argument that petitioner should be estopped from asserting the Statute of Limitations as a defense. State Farm failed to establish that petitioner induced it to forego timely bringing its claim through fraud, misrepresentation or deception (see, Park Assocs. v Crescent Park Assocs., 159 AD2d 460, 461; Murphy v Wegman’s Food Mkts., 140 AD2d 973, 974, lv denied 72 NY2d 808). (Appeal from Order of Supreme Court, Oneida County, Tenney, J. — Arbitration.) Present — Denman, P. J., Green, Balio, Boehm and Davis, JJ.

General Accident Insurance v. State Farm Mutual Automobile Insurance, 186 A.D.2d 1053, 590 N.Y.S.2d 780, 1992 N.Y. App. Div. LEXIS 11663 (N.Y. Ct. App. 1992).

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