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MATTER OF STATE FARM FIRE AND CASUALTY COMPANY v. LLERA-NEGRON

2019-07454. Index No. 704876/18.

193 A.D.3d 746 (2021)

141 N.Y.S.3d 888

2021 NY Slip Op 02165

In the Matter of State Farm Fire and Casualty Company, Respondent, v. Maryann Llera-Negron et al., Appellants.

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

Decided April 7, 2021.

Attorney(s) appearing for the Case

Davidoff and Associates, Forest Hills, NY ( Mark Peter Getzoni of counsel), for appellants.

Bruno, Gerbino, Soriano & Aitken, LLP, Melville, NY ( Shaun M. Malone of counsel), for respondent.

Rivera, J.P., Duffy, Iannacci and Wooten, JJ., concur.

Ordered that the order entered May 14, 2019, is affirmed, with costs.

An insurer may obtain a permanent stay of arbitration where it demonstrates that the claimant violated a condition precedent to coverage (see Matter of New York Cent. Mut. Fire Ins. Co. v Rafailov, 41 A.D.3d 603, 604 [2007]). "It is well established that the failure to comply with the standard policy provision requiring disclosure by way of submission to...

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