Allstate Insurance v. Levy

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Levy

206 A.D.2d 527, 615 N.Y.S.2d 280, 1994 N.Y. App. Div. LEXIS 7575

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

DecidedJuly 25, 1994

StatusPublished

This text of 206 A.D.2d 527 (Allstate Insurance v. Levy) 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. Levy, 206 A.D.2d 527, 615 N.Y.S.2d 280, 1994 N.Y. App. Div. LEXIS 7575 (N.Y. Ct. App. 1994).

Pincite

Opinion

In a proceeding pursuant to CPLR article 75 to stay arbitration of the respondent’s claim for uninsured motorist benefits, the petitioner Allstate Insurance Company appeals from an order of the Supreme Court, Queens County (Lonschien, J.), dated December 21,1992, which dismissed the proceeding.

Ordered that the order is reversed, on the facts and in the interest of justice, with costs, the petition is granted, and arbitration of the matter is stayed.

The record demonstrates that the motor vehicle accident in question took place on July 10, 1991. However, in opposition to the petition of Allstate Insurance Company to stay arbitration, the respondent only offered evidence demonstrating that the offending vehicle’s coverage by proposed co-respondent Allcity Insurance Company was terminated on October 8, 1991. Because no evidence was presented tending to show that the offending vehicle was not insured on the date of the accident, the petition to stay arbitration of the respondent’s claim for uninsured motorist coverage should have been granted. Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 75 to stay arbitration of the respondent’s claim for uninsured motorist benefits, the petitioner Allstate Insurance Company appeals from an order of the Supreme Court, Queens County (Lonschien, J.), dated December 21,1992, which dismissed the proceeding.

Ordered that the order is reversed, on the facts and in the interest of justice, with costs, the petition is granted, and arbitration of the matter is stayed.

The record demonstrates that the motor vehicle accident in question took place on July 10, 1991. However, in opposition to the petition of Allstate Insurance Company to stay arbitration, the respondent only offered evidence demonstrating that the offending vehicle’s coverage by proposed co-respondent Allcity Insurance Company was terminated on October 8, 1991. Because no evidence was presented tending to show that the offending vehicle was not insured on the date of the accident, the petition to stay arbitration of the respondent’s claim for uninsured motorist coverage should have been granted. Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

206 A.D.2d 527, 615 N.Y.S.2d 280, 1994 N.Y. App. Div. LEXIS 7575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-levy-nyappdiv-1994.