Matter of Allstate Insurance Company v. Leach
| Decision Date | 28 February 2005 |
| Docket Number | 2004-02823. |
| Citation | 15 A.D.3d 649,789 N.Y.S.2d 910,2005 NY Slip Op 01526 |
| Parties | In the Matter of ALLSTATE INSURANCE COMPANY, Respondent-Appellant, v. SUSIE LEACH, Respondent. PROVIDENCE WASHINGTON INS. CO., Additional Appellant-Respondent, et al., Additional Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to Allstate Insurance Company payable by Providence Washington Ins. Co.
The cross appeal by Allstate Insurance Company (hereinafter Allstate) must be dismissed because it is not aggrieved by the judgment. However, on the appeal by Providence Mutual Ins. Co. (hereinafter Providence), Allstate's argument that uninsured motorist arbitration must be stayed on the ground that Providence failed to provide a notice of disclaimer to the driver of its insured's vehicle is considered an alternate ground for affirmance (see Fernandez v Stepping Stone Day School, 291 AD2d 530, 531 [2002]). We affirm the judgment granting the petition for a permanent stay of uninsured motorist arbitration on this alternate ground (see Insurance Law § 3420[e]; Matter of Eveready Ins. Co. v Dabach, 176 AD2d 879 [1991]).
The parties' remaining contentions are improperly raised for the first time on appeal.
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