Legal Opinion
State Farm Fire & Casualty Co. v. Zyburo
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1995PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, Joseph Zyburo appeals from an order of the Supreme Court, Suffolk County (Stark, J.), entered September 7, 1993, which granted the petition.
Ordered that the order is affirmed, with costs.
The appellant failed to obtain written consent from the *567petitioner prior to settling the underlying negligence action with the tortfeasor as required by the policy of insurance, and failed to preserve the petitioner’s subrogation rights in executing a release in favor of the tortfeasor. Thus, the…
2Cases cited5 opinions
- State Farm Mutual Insurance v. DonathAppellate Division of the Supreme Court of the State of New York · 1990
- Aetna Casualty & Surety Co. v. SciricaAppellate Division of the Supreme Court of the State of New York · 1991
- Aetna Casualty & Surety Co. v. CrownAppellate Division of the Supreme Court of the State of New York · 1992
- State Farm Mutual Insurance v. Del PizzoAppellate Division of the Supreme Court of the State of New York · 1992
- Continental Insurance v. CanniAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by5 opinions
- Friedman v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Integon Insurance v. BattagliaAppellate Division of the Supreme Court of the State of New York · 2002
- Aetna Casualty & Surety Co. v. Longo Production, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Glens Falls Insurance Company v. SmithAppellate Division of the Supreme Court of the State of New York · 1995
- J.P.A. Realty, Inc. v. Citi Financial Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 2002