Legal Opinion
State Farm Mutual Automobile Insurance v. Lucano
Appellate Division of the Supreme Court of the State of New York
Decided October 12, 2004PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for supplementary underinsured motorist benefits, the appeal is from an order of the Supreme Court, Suffolk County (Jones, J), dated December 22, 2003, which granted the petition and permanently stayed arbitration.
Ordered that the order is affirmed, with costs.
The appellant failed to obtain the petitioner’s written consent prior to settlement of the underlying negligence action and execution of a release which failed to preserve the petitioner’s subrogation rights (see Matter of Integon Ins. Co. v…
2Cases cited5 opinions
- Weinberg v. Transamerica InsuranceNew York Court of Appeals · 1984
- New York Central Mutual Fire Insurance v. DanaherAppellate Division of the Supreme Court of the State of New York · 2002
- 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
- American Home Assurance Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by3 opinions
- Metlife Auto & Home v. ZampinoAppellate Division of the Supreme Court of the State of New York · 2009
- Travelers Home & Marine Insurance v. KannerAppellate Division of the Supreme Court of the State of New York · 2013
- Travelers Home & Marine Insurance v. KannerAppellate Division of the Supreme Court of the State of New York · 2013