Summary
In Mack v. State Farm Mutual Automobile Insurance Co., 251 AD2d 1083, 675 N.Y.S. 2d 575 (4th Dept. 1998), the court found summary judgment in favor of an insurer to be proper when the insurer was sued for No-Fault benefits by an insured who previously elected an arbitration forum.
Summary of this case from Advanced Med. Care, PLLC v. Travelers Prop. Cas.Opinion
June 10, 1998
Appeal from Order of Supreme Court, Onondaga County, Major, J. — Summary Judgment.
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant State Farm Mutual Automobile Insurance Company for summary judgment dismissing the complaint in this action in which plaintiff seeks to recover no-fault benefits from her insurance carrier. Having previously elected an arbitration forum, plaintiff waived her right to commence an action based upon claims arising out of the same accident ( see, Roggio v. Nationwide Mut. Ins. Co., 66 N.Y.2d 260, 263-264; Gibeault v. Home Ins. Co., 221 A.D.2d 826, 827). The court also properly denied plaintiffs cross motion to compel arbitration. Plaintiff voluntarily withdrew her demand for arbitration upon settlement by the parties of the issues before the arbitrator, and plaintiff has identified no additional issues subject to arbitration.