In re the Arbitration between Allstate Insurance & Clarendon National Insurance

Appellate Division of the Supreme Court of New York

In re the Arbitration between Allstate Insurance & Clarendon National Insurance

259 A.D.2d 971, 688 N.Y.S.2d 855, 1999 N.Y. App. Div. LEXIS 3083

Appellate Division of the Supreme Court of the State of New York·Decided March 19, 1999·Published·Cited by 5 cases

Opinion

Order unanimously affirmed without costs. Memorandum: Respondent appeals from an order that granted reargument of the petition and, upon reargument, granted in part the petition and permanently stayed 27 of the 30 loss-transfer arbitrations at issue. We affirm.

After the collision of a bus and a passenger vehicle, the injured bus passengers filed no-fault claims with the insurers of both vehicles. Respondent submitted to arbitration 30 loss-transfer claims against petitioner, which then sought to stay [972]*972arbitration contending, inter alia, that the claims accrued on the date of the underlying accident and were barred by the three-year Statute of Limitations (see, CPLR 214 [5]).

Supreme Court properly treated petitioner’s motion as one to reargue because the Statute of Limitations was raised in the petition (see, Fedchak v Stay Co., 222 AD2d 1125; cf., Midstate El. Co. v Empire-Salina Assocs. [appeal No. 2], 190 AD2d 1061; see also, CPLR 7502 [b]) and properly granted in part the petition, permanently staying the 27 arbitrations. It is well-settled that loss-transfer arbitration claims between private insurers accrue on the date of the underlying injury (see, State Farm Mut. Auto. Ins. Co. v Regional Tr. Serv., 79 AD2d 858, 859; Transamerica Ins. Co. v Lumbermen’s Cas. Ins. Co., 77 AD2d 5, 7, lv denied 53 NY2d 602; cf., Matter of MVAIC v Aetna Cas. & Sur. Co., 89 NY2d 214 [involving an agency of statutory creation]). (Appeal from Order of Supreme Court, Onondaga County, Major, J. — Arbitration.) Present — Denman, P. J., Green, Hayes, Pigott, Jr., and Balio, JJ.

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Order unanimously affirmed without costs. Memorandum: Respondent appeals from an order that granted reargument of the petition and, upon reargument, granted in part the petition and permanently stayed 27 of the 30 loss-transfer arbitrations at issue. We affirm.

After the collision of a bus and a passenger vehicle, the injured bus passengers filed no-fault claims with the insurers of both vehicles. Respondent submitted to arbitration 30 loss-transfer claims against petitioner, which then sought to stay [972]*972arbitration contending, inter alia, that the claims accrued on the date of the underlying accident and were barred by the three-year Statute of Limitations (see, CPLR 214 [5]).

Supreme Court properly treated petitioner’s motion as one to reargue because the Statute of Limitations was raised in the petition (see, Fedchak v Stay Co., 222 AD2d 1125; cf., Midstate El. Co. v Empire-Salina Assocs. [appeal No. 2], 190 AD2d 1061; see also, CPLR 7502 [b]) and properly granted in part the petition, permanently staying the 27 arbitrations. It is well-settled that loss-transfer arbitration claims between private insurers accrue on the date of the underlying injury (see, State Farm Mut. Auto. Ins. Co. v Regional Tr. Serv., 79 AD2d 858, 859; Transamerica Ins. Co. v Lumbermen’s Cas. Ins. Co., 77 AD2d 5, 7, lv denied 53 NY2d 602; cf., Matter of MVAIC v Aetna Cas. & Sur. Co., 89 NY2d 214 [involving an agency of statutory creation]). (Appeal from Order of Supreme Court, Onondaga County, Major, J. — Arbitration.) Present — Denman, P. J., Green, Hayes, Pigott, Jr., and Balio, JJ.

In re the Arbitration between Allstate Insurance & Clarendon National Insurance, 259 A.D.2d 971, 688 N.Y.S.2d 855, 1999 N.Y. App. Div. LEXIS 3083 (N.Y. Ct. App. 1999).

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259 A.D.2d 971 (In re the Arbitration between Allstate Insurance & Clarendon National Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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