MATTER OF UNITED SERVICES AUTOMOBILE ASSOCIATION PROPERTY AND CASUALTY INSURANCE COMPANY v. DEROSA


36 A.D.3d 925 (2007)

830 N.Y.S.2d 716

In the Matter of UNITED SERVICES AUTOMOBILE ASSOCIATION PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, v. JANE DEROSA et al., Respondents.

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

Decided January 30, 2007.


Ordered that the order is affirmed, with costs.

Contrary to the appellant's contention, the respondents' demands for arbitration of their claims for uninsured/ underinsured motorist benefits were not served in a manner intended to conceal their nature or to precipitate a default (cf. Matter of Nationwide Ins. Co. v Singh, 6 A.D.3d 441 [2004]; Matter of American Sec. Ins. Co. [Tabacchi], 95 A.D.2d 808...

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