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  5. 204 A.D.2d 236 (1994)
 

MATTER OF GEN. ACCIDENT INS. CO.

204 A.D.2d 236 (1994)

612 N.Y.S.2d 43

In the Matter of the Arbitration between General Accident Insurance Company, Appellant, and Bernadette Giacomazzo, an Infant, by Her Father, Joseph Giacomazzo, Respondent

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

May 26, 1994

We agree with the IAS Court that petitioner waived its contractual right to a trial de novo of respondent's underinsured motorist claim in the event of an award exceeding $10,000 by acquiescing in the appointment of one arbitrator, as called for by the rules of the arbitral forum designated in respondent's demand for arbitration, instead of three arbitrators, as called for in the policy, and by otherwise failing to advise the forum...

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