Ordered that the order is affirmed, with costs.
The Supreme Court properly concluded that the plaintiff's claim for underinsurance benefits was subject to arbitration as provided by the respondent's insurance policy. Further, the respondent did not waive its right to rely on the policy's arbitration clause by initially disclaiming coverage or by later defending the propriety of its disclaimer in court (see, Matter of State Farm Mut. Ins. Co. v Donath
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