Allstate Insurance v. Ferrone
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a proceeding to stay arbitration of an underinsured motorist claim, the petitioner, Allstate Insurance Company, appeals from a judgment of the Supreme Court, Queens County (Kassoff, J.), dated August 21, 1995, which denied its petition and directed the parties to proceed to arbitration.
Ordered that the judgment is affirmed, with costs.
It is well established that an insurance carrier will be estopped from disclaiming coverage based on an exclusion in a policy when it has delayed unreasonably in issuing its disclaimer (see, Zappone v Home Ins. Co., 55 NY2d 131). The *480reasonableness of any…
2Cases cited2 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- State Farm Mutual Automobile Insurance v. CoteAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
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- Sphere Drake Insurance v. Block 7206 Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Moirano v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1999