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MATTER OF AETNA CAS. & SUR. CO. v. LANZA

70 A.D.2d 508 (1979)

In the Matter of Aetna Casualty & Surety Company, Respondent, v. Alfred A. Lanza, Respondent, and Commercial Union Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 3, 1979

Unanimously reversed, on the law, with costs and disbursements, the disclaimer of Commercial Union Insurance Co. is declared valid, the application of petitioner for a stay of arbitration is denied, and petitioner is directed to proceed to arbitration with respondent Lanza.

Failure to comply with the notice provision in an insurance policy vitiates the policy (Security Mut. Ins. Co. of N. Y. v Acker -Fitzsimons Corp., 31 N.Y.2d 436

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