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IN THE MATTER OF ALLSTATE INSURANCE COMPANY v. SWINTON

27 A.D.3d 462 (2006)

811 N.Y.S.2d 108

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. LEE SWINTON, Respondent. CLARENDON NATIONAL INSURANCE COMPANY et al., Proposed Additional Respondents.

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

March 7, 2006.

Ordered that the order is reversed, on the law and the facts, with costs, the petition is granted, and the arbitration is permanently stayed.

Under the circumstances of this case, the 34-day delay by proposed additional respondent Clarendon National Insurance Company (hereinafter Clarendon) in issuing a disclaimer was unreasonable (see Gregorio v J.M. Dennis Constr. Co. Corp., 21 A.D.3d 1056 [2005]; West 16th St. Tenants...

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