State Farm Mutual Automobile Insurance v. Taglianetti

— In a proceeding pursuant to CPLR 7503 to stay the arbitration of an underinsured motorist claim, the appeal is from a judgment of the Supreme Court, Queens County (Hyman, J.), dated January 18, 1985, which granted the application due to the appellant’s failure to preserve the petitioner’s subrogation rights in settling with third parties.

Judgment affirmed, with costs.

The appellant failed to obtain written consent from the petitioner, as required by the policy as a condition to underinsured motorist coverage, before settling with the parties who may have been liable for his injury. In making…