PENNSYLVANIA GENERAL INS. CO. v. MORTENSON

Ordered that the order is affirmed, with costs.

We conclude that the parties proceeded to arbitration in accordance with the provisions of the policy of insurance. Accordingly, the plaintiff did not waive or otherwise fail to invoke its right to demand a trial de novo under the terms of that policy ( see, Matter of Izzo v. Allstate Ins. Co., 228 A.D.2d 441; Nationwide Mut. Ins. Co. v. Fennimore, 224 A.D.2d 402; cf., Matter of General Acc. Ins. Co. [Giacomazzo], 204 A.D.2d 236). Thus, the Supreme Court properly vacated the arbitration award.

Ritter, J.P., Goldstein, McGinity and Luciano, JJ., concur.