Opinion
Submitted October 13, 1999
December 2, 1999
In a proceeding, inter alia, to stay arbitration of a claim for uninsured motorist benefits, the appeal is from an order of the Supreme Court, Nassau County (Segal, J.), dated February 18, 1999, which granted the petitioner's motion for leave to reargue that branch of the petition which was for a temporary stay of arbitration to conduct discovery, and, upon reargument, granted that branch of the petition.
Jose R. Mendez, P.C., Rego Park, N.Y., for appellant.
Bellofatto, Martyn, Toher, Esposito Martyn, Mineola, N Y (Kathy Martyn and Michael G. Conway of counsel), for respondent.
GUY JAMES MANGANO, P.J., DAVID S. RITTER, DANIEL W. JOY, LEO F. McGINITY and NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Where an insurer has ample time to seek discovery of its insured as provided for in the insurance policy, but unjustifiably fails to do so, it is not entitled to a stay of arbitration (see, Matter of Allstate Ins. Co. v. Faulk, 250 A.D.2d 674 ; Matter of Liberty Mut. Ins. Co. v. DeCaro, 244 A.D.2d 487 ; Matter of Allstate Ins. Co. v. Urena, 208 A.D.2d 623 ; Matter of Allstate Ins. Co. v. Nebedum, 208 A.D.2d 624 ). In contrast, where an insurer presents a justifiable excuse for its failure to seek such discovery, a temporary stay of arbitration will be granted to allow the insurer to obtain discovery (see, Matter of Metropolitan Prop. Cas. Ins. Co. v. Keeney, 241 A.D.2d 455 ; Matter of MVAIC [Lucash], 16 A.D.2d 975 ).
Here, the Supreme Court properly granted that branch of the petition which was for a temporary stay of arbitration to conduct discovery, as the insurer provided a justifiable excuse for its failure to timely seek discovery (see, Matter of Metropolitan Prop. Cas. Ins. Co. v. Keeney, supra; Matter of MVAIC [Lucash], supra).
The appellant's remaining contentions are without merit.
MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.