Prudential Property & Casualty Insurance v. Dixon

OPINION OF THE COURT

Marvin E. Segal, J.

By order dated January 24, 1994 the court granted petitioner’s application for an order pursuant to CPLR 7503 permanently staying the arbitration of respondent’s underinsured motorist claim, only to the extent that arbitration was temporarily stayed for a period of 45 days after service of a copy of the order upon petitioner’s attorney. Pursuant to Huth v Nationwide Ins. Co. (148 Misc 2d 1003) and the public policy underlying the promulgation of Insurance Department Regu*88lotion 35-D (11 NYCRR subpart 60-2 et seq.), the petitioner was afforded the…