In re the Arbitration between Long Island Insurance & Alini

Appellate Division of the Supreme Court of New York

In re the Arbitration between Long Island Insurance & Alini

62 A.D.2d 1038, 404 N.Y.S.2d 40, 1978 N.Y. App. Div. LEXIS 11109

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

DecidedApril 17, 1978

StatusPublished

This text of 62 A.D.2d 1038 (In re the Arbitration between Long Island Insurance & Alini) 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 Long Island Insurance & Alini, 62 A.D.2d 1038, 404 N.Y.S.2d 40, 1978 N.Y. App. Div. LEXIS 11109 (N.Y. Ct. App. 1978).

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Opinion

In a proceeding to stay arbitration, the parties cross-appeal from an order of the Supreme Court, Kings County, dated September 26, 1977, [1039]*1039which, inter alia, upon reargument, vacated a prior order of the same court, dated June 17, 1977, and directed a hearing on certain specified issues. Order modified, on the law, by adding thereto a provision that Special Term also consider, upon the hearing, whether the petitioner unduly delayed disclaimer of liability or denial of coverage. As so modified, order affirmed, without costs or disbursements. A hearing is required to determine the factual issue whether the filing of the notice of claim was timely (see Matter of Motor Vehicle Acc. Ind. Corp. [Brown], 15 AD2d 578, app dsmd 11 NY2d 968; cf. Matter of Motor Vehicle Acc. Ind. Corp. [Cosulich] 23 AD2d 546). In the event it is determined that the notice of claim was not filed within a reasonable time, consideration should be given to the issue whether, under the circumstances, the petitioner promptly disclaimed liability or denied coverage, as required by subdivision 8 of section 167 of the Insurance Law (see Allstate Ins. Co. v Gross, 27 NY2d 263; Matter of Allstate Ins. Co. [Frank] 57 AD2d 950). Latham, J. P., Gulotta, Hargett and Hawkins, JJ., concur.

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In a proceeding to stay arbitration, the parties cross-appeal from an order of the Supreme Court, Kings County, dated September 26, 1977, [1039]*1039which, inter alia, upon reargument, vacated a prior order of the same court, dated June 17, 1977, and directed a hearing on certain specified issues. Order modified, on the law, by adding thereto a provision that Special Term also consider, upon the hearing, whether the petitioner unduly delayed disclaimer of liability or denial of coverage. As so modified, order affirmed, without costs or disbursements. A hearing is required to determine the factual issue whether the filing of the notice of claim was timely (see Matter of Motor Vehicle Acc. Ind. Corp. [Brown], 15 AD2d 578, app dsmd 11 NY2d 968; cf. Matter of Motor Vehicle Acc. Ind. Corp. [Cosulich] 23 AD2d 546). In the event it is determined that the notice of claim was not filed within a reasonable time, consideration should be given to the issue whether, under the circumstances, the petitioner promptly disclaimed liability or denied coverage, as required by subdivision 8 of section 167 of the Insurance Law (see Allstate Ins. Co. v Gross, 27 NY2d 263; Matter of Allstate Ins. Co. [Frank] 57 AD2d 950). Latham, J. P., Gulotta, Hargett and Hawkins, JJ., concur.

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Bluebook (online)

62 A.D.2d 1038, 404 N.Y.S.2d 40, 1978 N.Y. App. Div. LEXIS 11109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-long-island-insurance-alini-nyappdiv-1978.

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