NATIONWIDE MUTUAL INSURANCE CO. v. FENNIMORE

Ordered that the order is affirmed, with costs.

The Appellant's contention that the plaintiff waived its right to a trial de novo under the facts presented in this case is without merit (see Allstate Ins. Co. v. Jacobs, 208 A.D.2d 578; Matter of Nationwide Mut. Ins. Co. v. Alvarez, 207 A.D.2d 401). Unlike the parties in the cases of Matter of Marciano v. General Acc. Ins. Co. ( 220 A.D.2d 748) and Matter of Eckart v. Aetna Cas. Sur. Co. ( 208 A.D.2d 533), the parties in this case proceeded to arbitration in accordance with the policy provisions and, therefore, the plaintiff could invoke its right under the policy to a trial de novo.

The appellant's remaining contentions are without merit. Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.