Legal Opinion

Allstate Insurance v. Ferrone

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1996PublishedCited by 5 opinions

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

  1. Zappone v. Home InsuranceNew York Court of Appeals · 1982
  2. State Farm Mutual Automobile Insurance v. CoteAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by5 opinions

  1. Liberty Mutual Insurance v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2004
  2. State Farm Mutual Insurance v. VazquezAppellate Division of the Supreme Court of the State of New York · 1998
  3. Aetna Life & Casualty v. BoucherAppellate Division of the Supreme Court of the State of New York · 1997
  4. Sphere Drake Insurance v. Block 7206 Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Moirano v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1999

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