Appellate Division of the Supreme Court of New York, 2002

Continental Casualty Co. v. Luhrs

Appellate Division of the Supreme Court of New York · Decided November 4, 2002

299 A.D.2d 357; 749 N.Y.S.2d 175

Cases that cite this one

2 later published cases cite this decision.

474431 Associates v. AXA Global Risks US Insurance (Appellate Division of the Supreme Court of New York 2005)
Campos v. Sarro (Appellate Division of the Supreme Court of New York 2003)

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 pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Dutchess County (Beisner, J.), dated November 19, 2001, which granted the petition and stayed arbitration.

Ordered that the order is affirmed, with costs.

*358Contrary to the appellant’s contention, the subject insurance policy did not provide underinsured motorist coverage for the underlying accident. Further, because the noncoverage arose from a lack of inclusion, not a policy exclusion, a timely disclaimer of coverage was not required (see Markevics v Liberty Mut. Ins. Co., 97 NY2d 646; Worcester Ins. Co. v Bettenhauser, 95 NY2d 185; Handelsman v Sea Ins. Co., 85 NY2d 96; Zappone v Home Ins. Co., 55 NY2d 131; Sphere Drake Ins. Co. v Block 7206 Corp., 265 AD2d 78). Ritter, J.P., Altman, H. Miller and Cozier, JJ., concur.

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