MATTER OF TIG INSURANCE COMPANY v. PELLEGRINI


258 A.D.2d 658 (1999)

685 N.Y.S.2d 777

In the Matter of TIG INSURANCE COMPANY, Respondent, v. PETER PELLEGRINI, Appellant.

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

Decided February 22, 1999.


Ordered that the order and judgment is reversed, on the law, with costs, the petition is denied, and the parties are directed to proceed to arbitration.

The Supreme Court granted the petition to permanently stay arbitration of Peter Pellegrini's underinsured motorist claim on the ground that he failed to obtain consent from the petitioner to settle with the tortfeasor's liability insurance carrier prior to settlement. A review of the record reveals that the petitioner...

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