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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 7, 1992
• Status: Published

Opinion

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.