Calisi v. CNA Insurance

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered September 26, 2001, which granted petitioner’s application to confirm an underinsured motorist arbitration award of $175,000, unanimously affirmed, with costs.

Respondent insurer waived its right under the policy to a trial de novo of petitioner insured’s underinsured motorist claim in the event of an arbitration award exceeding $10,000 by silently acquiescing in the arbitration forum’s enforcement of forum rules governing the submission of evidence. Specifically, the policy provided that “procedure and evidence will be governed…