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MERCHANTS MUT. INS. CO. v. SALVATORE FALISI

99 N.Y.2d 568 (2003)

785 N.E.2d 724

755 N.Y.S.2d 703

In the Matter of MERCHANTS MUTUAL INSURANCE COMPANY, Respondent, v. SALVATORE FALISI et al., Appellants.

Court of Appeals of the State of New York.

Decided January 14, 2003.

Attorney(s) appearing for the Case

O'Brien & O'Brien, LLP, Nesconset (Stephen L. O'Brien of counsel), for appellants.

Milber Makris Plousadis & Seiden, L.L.P., Garden City (Dean L. Milber and Audra S. Zane of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum; Judge READ taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition to stay arbitration dismissed.

While we agree with the Appellate Division that the insurer waived its right to deny coverage based on late notice of legal action, we disagree with the alternative ground on which the Appellate Division affirmed the stay. The requirement that claimants provide their insurer with timely notice of claim...

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