ALLSTATE INDEMNITY COMPANY v. FERNANDEZ


288 A.D.2d 42 (2001)

732 N.Y.S.2d 564

ALLSTATE INDEMNITY COMPANY, Appellant, v. JACQUELINE FERNANDEZ et al., Respondents.

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

Decided November 8, 2001.


The insurer's petition to permanently stay arbitration, brought 11 months after receipt of respondents' arbitration demand, was untimely pursuant to the 20-day time limit set forth in CPLR 7503 (c). The insurer's claim that the policy was canceled two weeks prior to the accident for nonpayment of premiums "relates to whether certain conditions of the contract have been complied with and not whether the parties have agreed to arbitrate" (Matter of Steck [State Farm Ins...

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