Opinion
June 3, 1996
Appeal from the Supreme Court, Richmond County (Cusick, J.).
Ordered that the order is affirmed, with costs.
The petitioner was injured in a motor vehicle accident. He claimed underinsured motorist benefits from the respondent Allstate Insurance Company (hereinafter Allstate). After arbitration of his claim before the American Arbitration Association, the petitioner was awarded $60,000. Pursuant to the terms of the petitioner's policy, each party had the right to a trial de novo if the arbitration award, as here, exceeded certain stated limits ( see, Insurance Law § 3420 [f] [2]). Such a trial de novo provision has been held to be valid and enforceable ( see, Nationwide Mut. Ins. Co. v. Fennimore, 224 A.D.2d 402; Aetna Cas. Sur. Co. v. Placek, 218 A.D.2d 721; Allstate Ins. Co. v. Jacobs, 208 A.D.2d 578). Thus, the Supreme Court did not err when it vacated the arbitration award and granted Allstate a trial de novo. Contrary to the petitioner's assertions on appeal, the arbitration proceeded pursuant to the terms of the policy. Accordingly, Allstate did not waive or otherwise fail to invoke its right to a trial de novo ( see, e.g., Matter of Eckart v. Aetna Cas. Sur. Co., 208 A.D.2d 533; Matter of General Acc. Ins. Co. [Giacomazzo], 204 A.D.2d 236). Ritter, J.P., Pizzuto, Santucci and Krausman, JJ., concur.