February 3, 2006

Allstate Ins. Co. v Republic W. Ins. Co. (2006 NYSlipOp 50125(U))

Headnote

The relevant facts the court considered in this case were that Allstate Insurance Company sought to confirm an arbitration award in the principal sum of $17,348.79 against Republic Western Insurance Company, in a subrogation claim arising from an accident involving a U-Haul vehicle. The main issue decided was whether Republic Western had waived its right to contest the arbitrability of the claim by failing to apply for a stay of arbitration prior to arbitration. The holding of the case was that Republic Western had indeed waived its right to challenge the arbitrability of the claim, as it did not apply for a stay of arbitration prior to arbitration and did not conclusively establish that the U-Haul vehicle involved in the accident did not meet the weight requirements necessary to trigger the no-fault benefits authorized by the statute.

Reported in New York Official Reports at Allstate Ins. Co. v Republic W. Ins. Co. (2006 NYSlipOp 50125(U))

Allstate Ins. Co. v Republic W. Ins. Co. (2006 NYSlipOp 50125(U)) [*1]

Allstate Ins. Co. v Republic W. Ins. Co.

2006 NYSlipOp 50125(U)

Decided on February 3, 2006

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 3, 2006

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ
570133/05.

Allstate Insurance Company a/s/o Roberta Burte c/o Second Look Inc., Petitioner-Respondent,
against
Republic Western Insurance Company a/a/o U-Haul, Respondent-Appellant.

Respondent Republic Western Insurance Co. appeals from a judgment of the Civil Court, New York County (Geoffrey D. Wright, J.), entered October 27, 2003, in favor of petitioner and awarding it damages in the principal sum of $17,348.79.

PER CURIAM:

Judgment (Geoffrey D. Wright, J.), entered October 27, 2003, affirmed, without costs.

The petition to confirm the arbitration award was properly granted. By failing to apply for a stay of arbitration prior to arbitration, respondent Republic Western waived its present contention that the underlying subrogation claim is not arbitrable under Insurance Law § 5105(a) (Matter of Liberty Mut. Ins. Co. [Allstate Ins. Co.], 234 AD2d 901 [1996]). In any event, respondent’s submission did not conclusively establish that the U-Haul vehicle involved in the accident did not meet the weight requirements necessary to trigger the no-fault benefits authorized by the statute (see Victoria Ins. Co. v Utica Mut. Ins. Co., 8 AD3d 87 [2004]).
This constitutes the decision and order of the Court.
Decision Date: February 03, 2006