Continental Ins. Co. v. Canni

• Decision Date: 19 April 1993
• Parties: In the Matter of CONTINENTAL INSURANCE COMPANY, Respondent, v. George R. CANNI, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 471

596 N.Y.S.2d 471

192 A.D.2d 651

In the Matter of CONTINENTAL INSURANCE COMPANY, Respondent, v. George R. CANNI, Appellant.

Supreme Court, Appellate Division, Second Department.

April 19, 1993.

Fisher & Seidner, P.C., Babylon (Barry Rosenfeld, of counsel), for appellant.

Alio & Ronan, Melville (Carol Simonetti, on the brief), for respondent.

Before MANGANO, P.J., and SULLIVAN, O'BRIEN, RITTER and PIZZUTO, JJ.

MEMORANDUM BY THE COURT.

In a proceeding pursuant to CPLR 7503 to stay arbitration of a claim for underinsured motorist benefits, George R. Canni appeals from an order of the Supreme Court, Nassau County (Levitt, J.), dated February 15, 1991, which granted the application.

ORDERED that the order is affirmed, with costs.

The appellant failed to obtain the insurer's consent prior to settling his claim against, and releasing from all liability, the motorist who allegedly caused his injuries, in contravention of the policy provisions governing underinsured motorist claims. Accordingly, the court properly granted the insurer's application for a permanent stay of arbitration of the insurer's denial of underinsured motorist benefits (see, Weinberg v. Transamerica Ins. Co., 62 N.Y.2d 379, 477 N.Y.S.2d 99, 465 N.E.2d 819; Matter of Aetna Cas. & Sur. Co. v. Scirica, 170 A.D.2d 448, 565 N.Y.S.2d 557; Matter of State Farm Mutual Insurance Co. v. Donath, 164 A.D.2d 889, 559 N.Y.S.2d 567; Matter of State Farm Mut. Ins. Co. v. Parker, 160 A.D.2d 882, 554 N.Y.S.2d 315; State Farm Mutual Automobile Ins. Co. v. Taglianetti, 122 A.D.2d 40, 504 N.Y.S.2d 476).