State Farm Mutual Automobile Insurance v. Mandala

Appellate Division of the Supreme Court of New York

State Farm Mutual Automobile Insurance v. Mandala

284 A.D.2d 472, 726 N.Y.S.2d 860, 2001 N.Y. App. Div. LEXIS 6281

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

DecidedJune 18, 2001

StatusPublished

Cited by2 cases

This text of 284 A.D.2d 472 (State Farm Mutual Automobile Insurance v. Mandala) 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

State Farm Mutual Automobile Insurance v. Mandala, 284 A.D.2d 472, 726 N.Y.S.2d 860, 2001 N.Y. App. Div. LEXIS 6281 (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 uninsured motorist benefits, Mary Mandala appeals from an amended order of the Supreme Court, Nassau County (O’Shaughnessy, J.), [473]*473entered May 25, 2000, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the amended order is affirmed, with costs.

The Supreme Court properly granted the petition and permanently stayed arbitration. Although the petitioner did not commence this proceeding within the statutory time period (see, CPLR 7503 [c]), an application to stay arbitration filed after the statutory time period may be entertained when, as here, it is based on a contention that the parties did not agree to arbitrate a claim for which no coverage was provided under the policy (see, Matter of Matarasso [Continental Cas. Co.], 56 NY2d 264; Matter of United Community Ins. Co. v Gabriel, 229 AD2d 444). The appellant did not qualify as an insured under the policy and, therefore, no agreement to arbitrate existed between her and the petitioner (see, Matter of Aetna Cas. & Sur. Co. v Cartigiano, 178 AD2d 472). Santucci, J. P., Goldstein, H. Miller and Crane, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, Mary Mandala appeals from an amended order of the Supreme Court, Nassau County (O’Shaughnessy, J.), [473]*473entered May 25, 2000, which, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the amended order is affirmed, with costs.

The Supreme Court properly granted the petition and permanently stayed arbitration. Although the petitioner did not commence this proceeding within the statutory time period (see, CPLR 7503 [c]), an application to stay arbitration filed after the statutory time period may be entertained when, as here, it is based on a contention that the parties did not agree to arbitrate a claim for which no coverage was provided under the policy (see, Matter of Matarasso [Continental Cas. Co.], 56 NY2d 264; Matter of United Community Ins. Co. v Gabriel, 229 AD2d 444). The appellant did not qualify as an insured under the policy and, therefore, no agreement to arbitrate existed between her and the petitioner (see, Matter of Aetna Cas. & Sur. Co. v Cartigiano, 178 AD2d 472). Santucci, J. P., Goldstein, H. Miller and Crane, JJ., concur.

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Bluebook (online)

284 A.D.2d 472, 726 N.Y.S.2d 860, 2001 N.Y. App. Div. LEXIS 6281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-mandala-nyappdiv-2001.

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