Royal Indemnity Co. v. McMahon

Appellate Division of the Supreme Court of New York

Royal Indemnity Co. v. McMahon

10 A.D.2d 926, 200 N.Y.S.2d 950, 1960 N.Y. App. Div. LEXIS 9832

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

DecidedMay 19, 1960

StatusPublished

This text of 10 A.D.2d 926 (Royal Indemnity Co. v. McMahon) 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

Royal Indemnity Co. v. McMahon, 10 A.D.2d 926, 200 N.Y.S.2d 950, 1960 N.Y. App. Div. LEXIS 9832 (N.Y. Ct. App. 1960).

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Opinion

Order denying petitioner’s application to stay arbitration unanimously affirmed, with $2.0 costs and disbursements to respondent-respondent. (See Matter of Bankers & Shippers Ins. Co. [Schaefer], 10 A D 2d 573, motion for leave to appeal denied 10 A D 2d 625, 7 N Y 2d 711; cf. Matter of Exchange Mut. Ins. Co. [Scandura], 8 A D 2d 799; semble, contra: Matter of American Nat. Fire Ins. Co. [McCormack], 15 Misc 2d 692; Matter of Ross v. Hardware Mut. Cas. Co., 13 Misc 2d 739; Lowe v. Ocean Acc. & Guar. Corp., 21 Misc 2d 1042.) Moreover, the insurer by its conduct, including participation in adjourning without reservation of rights the hearings for arbitration and the protracted delay, has waived any right to resist the arbitration. Concur — Botein, P. J., Breitel, Rabin, Valente and Stevens, JJ.

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Order denying petitioner’s application to stay arbitration unanimously affirmed, with $2.0 costs and disbursements to respondent-respondent. (See Matter of Bankers & Shippers Ins. Co. [Schaefer], 10 A D 2d 573, motion for leave to appeal denied 10 A D 2d 625, 7 N Y 2d 711; cf. Matter of Exchange Mut. Ins. Co. [Scandura], 8 A D 2d 799; semble, contra: Matter of American Nat. Fire Ins. Co. [McCormack], 15 Misc 2d 692; Matter of Ross v. Hardware Mut. Cas. Co., 13 Misc 2d 739; Lowe v. Ocean Acc. & Guar. Corp., 21 Misc 2d 1042.) Moreover, the insurer by its conduct, including participation in adjourning without reservation of rights the hearings for arbitration and the protracted delay, has waived any right to resist the arbitration. Concur — Botein, P. J., Breitel, Rabin, Valente and Stevens, JJ.

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Bluebook (online)

10 A.D.2d 926, 200 N.Y.S.2d 950, 1960 N.Y. App. Div. LEXIS 9832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-indemnity-co-v-mcmahon-nyappdiv-1960.

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