State Farm Mutual Insurance v. Parker

—In a proceeding pursuant to CPLR 7503 to stay arbitration of a claim for underinsured motorist benefits, Belle Parker appeals from an order of the Supreme Court, Nassau County (Collins, J.), dated December 5, 1988, which granted the application.

Ordered that the order is affirmed, with costs.

The appellant failed to obtain the insurer’s written consent prior to compromising her claim against the motorist who allegedly caused her injuries, in contravention of the policy provisions governing underinsured motorist claims. Accordingly, the court properly granted the insurer’s application for a…