Allstate Insurance v. American Transit Insurance

Appellate Division of the Supreme Court of New York

Allstate Insurance v. American Transit Insurance

8 A.D.3d 372, 777 N.Y.S.2d 753, 2004 N.Y. App. Div. LEXIS 7781

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 7, 2004

StatusPublished

This text of 8 A.D.3d 372 (Allstate Insurance v. American Transit Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allstate Insurance v. American Transit Insurance, 8 A.D.3d 372, 777 N.Y.S.2d 753, 2004 N.Y. App. Div. LEXIS 7781 (N.Y. Ct. App. 2004).

Pincite

Opinion

In a proceeding pursuant to CPLR article 75 to permanently to stay arbitration of a claim for uninsured motorist benefits, American Transit Insurance Company appeals, as [373]*373limited by its brief, from so much of an order of the Supreme Court, Kings County (Silverman, J.H.O.), dated October 29, 2002, as, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the proceeding is dismissed.

Allstate Insurance Company (hereinafter Allstate) commenced this proceeding to permanently stay arbitration of a claim for uninsured motorist benefits arising from an accident involving a vehicle insured by Allstate and a vehicle owned by Zack’s Boiler & Mechanical Co. (hereinafter Zack’s Boiler). The Supreme Court granted the petition, finding that at the time of the accident, the appellant was responsible for providing coverage for the vehicle owned by Zack’s Boiler. However, the record does not support such a finding. Accordingly, the petition should have been denied and the proceeding dismissed. Ritter, J.P., Townes, Mastro and Skelos, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to permanently to stay arbitration of a claim for uninsured motorist benefits, American Transit Insurance Company appeals, as [373]*373limited by its brief, from so much of an order of the Supreme Court, Kings County (Silverman, J.H.O.), dated October 29, 2002, as, after a hearing, granted the petition and permanently stayed arbitration.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the proceeding is dismissed.

Allstate Insurance Company (hereinafter Allstate) commenced this proceeding to permanently stay arbitration of a claim for uninsured motorist benefits arising from an accident involving a vehicle insured by Allstate and a vehicle owned by Zack’s Boiler & Mechanical Co. (hereinafter Zack’s Boiler). The Supreme Court granted the petition, finding that at the time of the accident, the appellant was responsible for providing coverage for the vehicle owned by Zack’s Boiler. However, the record does not support such a finding. Accordingly, the petition should have been denied and the proceeding dismissed. Ritter, J.P., Townes, Mastro and Skelos, JJ., concur.

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Bluebook (online)

8 A.D.3d 372, 777 N.Y.S.2d 753, 2004 N.Y. App. Div. LEXIS 7781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-american-transit-insurance-nyappdiv-2004.