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MATTER OF PERS v. HANOVER INS. CO.

225 A.D.2d 313 (1996)

639 N.Y.S.2d 7

In the Matter of Bonnie Pers et al., Appellants, v. Hanover Insurance Company, Respondent

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

March 5, 1996

It is conceded that the respondent insurer failed to seek a stay of arbitration within 20 days after service of a notice of intention to arbitrate an underinsurance claim for personal injuries and loss of services arising out of a motor vehicle accident. In conformity with CPLR 7503 (c), the notice contained a provision that failure to move for a stay of arbitration within 20 days would preclude the respondent insurer from challenging the validity of the agreement to arbitrate...

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