General Accident Insurance v. Lobritto
Cases that cite this one
2 later published cases cite this decision.
- Worcester Insurance v. Bettenhauser (Appellate Division of the Supreme Court of New York 1999)
- Gravenese v. Allstate Insurance (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding to permanently stay arbitration of an underinsured motorist claim, the petitioner appeals from an order of the Supreme Court, Richmond County (Leone, J.), dated September 23, 1996, which granted the motion of the respondent Stephen Lobritto for reargument and, upon reargument, denied the petition.
Ordered that the order is affirmed, with costs.
Contrary to the contention of the petitioner insurance carrier General Accident Insurance Company (hereinafter General Accident), the policy at issue provides coverage for the event that caused the respondent Stephen Lobritto’s injuries but for a policy "exclusion” (see, Planet Ins. Co. v Bright Bay Classic Vehicles, 75 NY2d 394; Zappone v Home Ins. Co., 55 NY2d 131; Matter of Unigard Ins. Group v Bothwell, 237 AD2d 450). The nine-month delay by General Accident in denying the claim based on the policy exclusion precludes it from raising that exclusion as a defense to the claim, and, thus, the petition to permanently stay arbitration was properly denied on that ground (see, Zappone v Home Ins. Co., supra; Ward v Corbally, Gartland & Rappleyea, 207 AD2d 342; Farmers Fire Ins. Co. v Brighton, 142 AD2d 547). Mangano, P. J., Sullivan, Altman and McGinity, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.