State Farm Mutual Automobile Insurance Co. v. Waite

Appellate Division of the Supreme Court of New York

State Farm Mutual Automobile Insurance Co. v. Waite

68 A.D.3d 1006, 889 N.Y.2d 866

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 2009·Published·Cited by 1 cases

Opinion

Contrary to the petitioner’s contentions, the Supreme Court properly denied its petition to permanently stay arbitration of the respondent’s underinsured motorist claim as time-barred by the 20-day statutory period set forth in CPLR 7503 (c) (see Matter of Fiveco, Inc. v Haber, 11 NY3d 140, 145 [2008]; Matter of Liberty Mut. Ins. Co. v Argueta, 59 AD3d 446, 447 [2009]). The respondent came within the definition of an “insured” in the supplementary uninsured/underinsured motorists endorsement at issue, and the petition to stay arbitration was based upon an exclusion in that endorsement rather than a lack of coverage (see Matter of Worcester Ins. Co. v Bettenhauser, 95 NY2d 185, 189 [2000]; Matter of Allstate Ins. Co. v Doyle, 64 AD3d 775, 776 [1007]*1007[2009]; Matter of Nova Cas. Co. v Martin, 57 AD3d 548 [2008]; Matter of Allstate Ins. Co. v Arpaia, 276 AD2d 628 [2000]). Rivera, J.P., Dillon, Miller and Roman, JJ., concur.

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Contrary to the petitioner’s contentions, the Supreme Court properly denied its petition to permanently stay arbitration of the respondent’s underinsured motorist claim as time-barred by the 20-day statutory period set forth in CPLR 7503 (c) (see Matter of Fiveco, Inc. v Haber, 11 NY3d 140, 145 [2008]; Matter of Liberty Mut. Ins. Co. v Argueta, 59 AD3d 446, 447 [2009]). The respondent came within the definition of an “insured” in the supplementary uninsured/underinsured motorists endorsement at issue, and the petition to stay arbitration was based upon an exclusion in that endorsement rather than a lack of coverage (see Matter of Worcester Ins. Co. v Bettenhauser, 95 NY2d 185, 189 [2000]; Matter of Allstate Ins. Co. v Doyle, 64 AD3d 775, 776 [1007]*1007[2009]; Matter of Nova Cas. Co. v Martin, 57 AD3d 548 [2008]; Matter of Allstate Ins. Co. v Arpaia, 276 AD2d 628 [2000]). Rivera, J.P., Dillon, Miller and Roman, JJ., concur.

State Farm Mutual Automobile Insurance Co. v. Waite, 68 A.D.3d 1006, 889 N.Y.2d 866 (N.Y. Ct. App. 2009).

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Opinion

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