Matter of United Financial Casualty Company v Sharon A. Jack, et al.

Holding The court affirmed the dismissal of the petition to stay arbitration because the petitioner failed to submit admissible evidence raising a triable issue of fact regarding whether the accident was staged. The vague allegations in the disclaimer letter and the late submission of an investigator’s affidavit were insufficient to justify a framed-issue hearing.

The court’s words

the petitioner failed to submit evidence in admissible form raising a triable issue of fact

2026 NY Slip Op 06124, at the official text

the claimants' testimony at their respective examinations under oath was not implausible or contradictory

2026 NY Slip Op 06124, at the official text

the allegation in the disclaimer letter that the claimants' loss was staged was vague and unsupported

2026 NY Slip Op 06124, at the official text

An affidavit of the petitioner's investigator submitted for the first time in reply may not be considered

2026 NY Slip Op 06124, at the official text