MATTER OF VALLEY FORGE INSURANCE COMPANY v. SCHOFIELD


283 A.D.2d 507 (2001)

724 N.Y.S.2d 870

In the Matter of VALLEY FORGE INSURANCE COMPANY, Appellant, v. MARLENE SCHOFIELD, Respondent, et al., Respondent.

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

Decided May 14, 2001.


Ordered that the order is modified by (1) deleting the provision thereof denying that branch of the petitioner's application which was to permanently stay arbitration on the ground that the insured failed to provide timely notice of her underlying action against the tortfeasor, and substituting therefor a provision granting that branch of the motion to the extent of directing a hearing on the issue of whether the petitioner's disclaimer

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