In re the Arbitration between Transportation Insurance & Pecoraro

—Order unanimously reversed on the law without costs and application granted. Memorandum: Supreme Court erred in denying the application seeking a permanent stay of arbitration of respondent’s underinsurance motorist claim. Respondent settled his personal injury action against the tortfeasor and tendered a general release without petitioner’s consent in violation of the express terms of the policy. The “failure of [respondent] to obtain such prior consent

*852from [petitioner] constitutes a breach of a condition of the insurance contract and disqualifies [respondent] from availing himself of the…