Legal Opinion

Continental Insurance v. Canni

Appellate Division of the Supreme Court of the State of New York

Decided April 19, 1993PublishedCited by 4 opinions

1Opinion of 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.

*652Ordered 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…

2Cases cited5 opinions

  1. Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
  2. State Farm Mutual Automobile Insurance v. TaglianettiAppellate Division of the Supreme Court of the State of New York · 1986
  3. State Farm Mutual Insurance v. DonathAppellate Division of the Supreme Court of the State of New York · 1990
  4. Aetna Casualty & Surety Co. v. SciricaAppellate Division of the Supreme Court of the State of New York · 1991
  5. State Farm Mutual Insurance v. ParkerAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by4 opinions

  1. In re Arbitration between Travelers Indemnity Co. & LevyAppellate Division of the Supreme Court of the State of New York · 1993
  2. State Farm Automobile Insurance v. BlancoAppellate Division of the Supreme Court of the State of New York · 1994
  3. State Farm Fire & Casualty Co. v. ZyburoAppellate Division of the Supreme Court of the State of New York · 1995
  4. State Farm Insurance Companies v. BellomoAppellate Division of the Supreme Court of the State of New York · 1995

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