MATTER OF TRAVELERS INS. CO.


217 A.D.2d 954 (1995)

629 N.Y.S.2d 900

In the Matter of the Arbitration between Travelers Insurance Company, Appellant, and Karen Magyar, Formerly Known as Karen Newton, Respondent

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

July 14, 1995


Order unanimously reversed on the law without costs and petition granted.

Memorandum:

Petitioner appeals from an order denying its application to stay arbitration of respondent's claim for underinsurance coverage and directing that the matter proceed to arbitration. Petitioner contends that it is entitled to a stay of arbitration because respondent failed to comply with a condition precedent to coverage, viz., that respondent released her claim against the...

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