Transportation Insurance Company v. Cafaro

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, Kathleen Cafaro appeals from an order of the Supreme Court, Suffolk County (Seidell, J.), entered February 1, 2001, which granted the petition and denied her cross petition to compel arbitration.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, Transportation Insurance Company (hereinafter Transportation) validly disclaimed coverage regarding her claim for underinsured motorist benefits. Insurance Law § 3420 (d) requires an insurer to give written notice of a disclaimer as soon…