Phoenix Insurance v. Kantlis

*419Judgment, Supreme Court, New York County (Alice Schlesinger, J), entered August 18, 2003, which granted the petition for a permanent stay of arbitration, unanimously affirmed, without costs.

Respondent Kantlis breached a condition of the underinsured motorists endorsement to his policy by failing to obtain petitioner’s consent to settlement with the insurance carrier for one of the tortfeasors in the underlying personal injury action, thus vitiating coverage and disqualifying him from receiving these benefits (Matter of Integon Ins. Co. v Battaglia, 292 AD2d 527 [2002]; Matter of State Farm…