Lancer Insurance Co. v. Sciandra

Appellate Division of the Supreme Court of New York

Lancer Insurance Co. v. Sciandra

282 A.D.2d 535, 722 N.Y.S.2d 764, 2001 N.Y. App. Div. LEXIS 3572

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

DecidedApril 9, 2001

StatusPublished

This text of 282 A.D.2d 535 (Lancer Insurance Co. v. Sciandra) 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.

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Lancer Insurance Co. v. Sciandra, 282 A.D.2d 535, 722 N.Y.S.2d 764, 2001 N.Y. App. Div. LEXIS 3572 (N.Y. Ct. App. 2001).

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Opinion

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, Peter Sciandra appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated August 2, 2000, which granted the petition.

Ordered that the order is affirmed, with costs.

The appellant failed to comply with the provisions of the subject insurance policy requiring him to provide the petitioner with written notice of claim “[a]s soon as practicable,” and with a copy of the summons and complaint in the underlying action “immediately” upon the commencement of that action. Since the satisfaction of each requirement constituted a condition precedent to proceeding to arbitration, the Supreme Court properly granted the petition and permanently stayed arbitration (see, Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, 93 NY2d 487; Matter of Nationwide Ins. Co. v Lukas, 264 AD2d 778). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for underinsured motorist benefits, Peter Sciandra appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated August 2, 2000, which granted the petition.

Ordered that the order is affirmed, with costs.

The appellant failed to comply with the provisions of the subject insurance policy requiring him to provide the petitioner with written notice of claim “[a]s soon as practicable,” and with a copy of the summons and complaint in the underlying action “immediately” upon the commencement of that action. Since the satisfaction of each requirement constituted a condition precedent to proceeding to arbitration, the Supreme Court properly granted the petition and permanently stayed arbitration (see, Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, 93 NY2d 487; Matter of Nationwide Ins. Co. v Lukas, 264 AD2d 778). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.

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Bluebook (online)

282 A.D.2d 535, 722 N.Y.S.2d 764, 2001 N.Y. App. Div. LEXIS 3572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lancer-insurance-co-v-sciandra-nyappdiv-2001.

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