Appellate Division of the Supreme Court of New York, 2009

State Farm Mutual Automobile Insurance Co. v. Waite

State Farm Mutual Automobile Insurance Co. v. Waite
Appellate Division of the Supreme Court of New York · Decided December 15, 2009
68 A.D.3d 1006; 889 N.Y.2d 866
State Farm Mutual Automobile Insurance Co. v. Waite

Opinion of the Court

Contrary to the petitioner’s contentions, the Supreme Court properly denied its petition to permanently stay arbitration of the respondent’s underinsured motorist claim as time-barred by the 20-day statutory period set forth in CPLR 7503 (c) (see Matter of Fiveco, Inc. v Haber, 11 NY3d 140, 145 [2008]; Matter of Liberty Mut. Ins. Co. v Argueta, 59 AD3d 446, 447 [2009]). The respondent came within the definition of an “insured” in the supplementary uninsured/underinsured motorists endorsement at issue, and the petition to stay arbitration was based upon an exclusion in that endorsement rather than a lack of coverage (see Matter of Worcester Ins. Co. v Bettenhauser, 95 NY2d 185, 189 [2000]; Matter of Allstate Ins. Co. v Doyle, 64 AD3d 775, 776 *1007[2009]; Matter of Nova Cas. Co. v Martin, 57 AD3d 548 [2008]; Matter of Allstate Ins. Co. v Arpaia, 276 AD2d 628 [2000]). Rivera, J.P., Dillon, Miller and Roman, JJ., concur.

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