In re the Arbitration Between Allstate Insurance & Brown

—Order unanimously reversed on the law without costs and petition granted. Memorandum: Supreme Court erred in denying the petition seeking a permanent stay of arbitration of respondent’s supplemental uninsured motorist claim. Respondent settled his personal injury action against the tortfeasor and tendered a general release without petitioner’s consent, thereby violating the express terms of the policy (see, Matter of Allstate Ins. Co. [Liberati], 280 AD2d 922). Respondent contends that the settlement did not prejudice petitioner’s subrogation rights because those rights were extinguished by…