In re the Arbitration between Hartford Accident & Indemnity Co. & Csakan

Appellate Division of the Supreme Court of New York

In re the Arbitration between Hartford Accident & Indemnity Co. & Csakan

74 A.D.2d 924, 426 N.Y.S.2d 317, 1980 N.Y. App. Div. LEXIS 10734

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

DecidedMarch 31, 1980

StatusPublished

Cited by1 cases

This text of 74 A.D.2d 924 (In re the Arbitration between Hartford Accident & Indemnity Co. & Csakan) 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

In re the Arbitration between Hartford Accident & Indemnity Co. & Csakan, 74 A.D.2d 924, 426 N.Y.S.2d 317, 1980 N.Y. App. Div. LEXIS 10734 (N.Y. Ct. App. 1980).

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Opinion

In a proceeding to stay arbitration, the appeal is from an order of the Supreme [925]*925Court, Nassau County, dated July 24, 1979, which granted a stay of arbitration pending a trial of the preliminary issue of whether timely notice of the accident was given pursuant to an uninsured motorist indorsement. Order reversed, on the law, with $50 costs and disbursements, the application is denied and the parties are directed to proceed to arbitration. Petitioner’s unexplained two-month delay in giving notice of disclaimer precluded it from effectively disclaiming on the ground that the insured failed to give timely notice of the accident (see Insurance Law, § 167, subd 8; Hartford Ins. Co. v County of Nassau, 46 NY2d 1028; Matter of Allstate Ins. Co. [Frank], 44 NY2d 897). Lazer, J. P., Gibbons, Gulotta and Cohalan, JJ., concur.

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In a proceeding to stay arbitration, the appeal is from an order of the Supreme [925]*925Court, Nassau County, dated July 24, 1979, which granted a stay of arbitration pending a trial of the preliminary issue of whether timely notice of the accident was given pursuant to an uninsured motorist indorsement. Order reversed, on the law, with $50 costs and disbursements, the application is denied and the parties are directed to proceed to arbitration. Petitioner’s unexplained two-month delay in giving notice of disclaimer precluded it from effectively disclaiming on the ground that the insured failed to give timely notice of the accident (see Insurance Law, § 167, subd 8; Hartford Ins. Co. v County of Nassau, 46 NY2d 1028; Matter of Allstate Ins. Co. [Frank], 44 NY2d 897). Lazer, J. P., Gibbons, Gulotta and Cohalan, JJ., concur.

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Bluebook (online)

74 A.D.2d 924, 426 N.Y.S.2d 317, 1980 N.Y. App. Div. LEXIS 10734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-hartford-accident-indemnity-co-csakan-nyappdiv-1980.

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