Peerless Insurance v. McDonough

OPINION OF THE COURT

W. Denis Donovan, J.

Petitioner seeks a temporary stay of respondent’s underinsured motorist claim. The reason for the stay is to allow petitioner to obtain discovery from respondent. By way of opposition, respondent moves to dismiss the petition. The motion asserts five separate grounds for dismissal. Each of these grounds, however, boils down to the same argument: the timeliness of petitioner’s application.

Petitioner concedes that it filed its petition 49 days after receiving the arbitration demand. However, on the same day it received the demand, it received a letter…