In re the Arbitration Between USAA Casualty Insurance Co. & Kaufman

—Judgment, Supreme Court, New York County (William Davis, J.), entered February 10, 1998, which granted petitioner insurer’s application to permanently stay arbitration of respondent insured’s underinsured motorist claim, unanimously affirmed, without costs.

Respondent’s argument that petitioner’s disclaimer of under-insured coverage was untimely is improperly raised for the first time on appeal, and her argument that petitioner should be estopped from denying underinsured coverage is without merit. Respondent did not notify petitioner that she had been injured by an automobile and had…