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Allstate Ins. Co. v Republic W. Ins. Co.
2006 NYSlipOp 50125(U)
Decided on February 3, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 3, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ
570133/05.

Allstate Insurance Company a/s/o Roberta Burte c/o Second Look Inc., Petitioner-Respondent,

against

Republic Western Insurance Company a/a/o U-Haul, Respondent-Appellant.


Respondent Republic Western Insurance Co. appeals from a judgment of the Civil Court, New York County (Geoffrey D. Wright, J.), entered October 27, 2003, in favor of petitioner and awarding it damages in the principal sum of $17,348.79.


PER CURIAM:

Judgment (Geoffrey D. Wright, J.), entered October 27, 2003, affirmed, without costs.

The petition to confirm the arbitration award was properly granted. By failing to apply for a stay of arbitration prior to arbitration, respondent Republic Western waived its present contention that the underlying subrogation claim is not arbitrable under Insurance Law § 5105(a) (Matter of Liberty Mut. Ins. Co. [Allstate Ins. Co.], 234 AD2d 901 [1996]). In any event, respondent's submission did not conclusively establish that the U-Haul vehicle involved in the accident did not meet the weight requirements necessary to trigger the no-fault benefits authorized by the statute (see Victoria Ins. Co. v Utica Mut. Ins. Co., 8 AD3d 87 [2004]).
This constitutes the decision and order of the Court.
Decision Date: February 03, 2006