Izzo v. Allstate Insurance

Appellate Division of the Supreme Court of New York

Izzo v. Allstate Insurance

228 A.D.2d 441, 643 N.Y.2d 642, 643 N.Y.S.2d 642, 1996 N.Y. App. Div. LEXIS 6220

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

DecidedJune 3, 1996

StatusPublished

Cited by4 cases

This text of 228 A.D.2d 441 (Izzo v. Allstate 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

Izzo v. Allstate Insurance, 228 A.D.2d 441, 643 N.Y.2d 642, 643 N.Y.S.2d 642, 1996 N.Y. App. Div. LEXIS 6220 (N.Y. Ct. App. 1996).

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Opinion

The petitioner was injured in a motor vehicle accident. He [442]*442claimed underinsured motorist benefits from the respondent Allstate Insurance Company (hereinafter Allstate). After arbitration of his claim before the American Arbitration Association, the petitioner was awarded $60,000. Pursuant to the terms of the petitioner’s policy, each party had the right to a trial de novo if the arbitration award, as here, exceeded certain stated limits (see, Insurance Law § 3420 [f] [2]). Such a trial de novo provision has been held to be valid and enforceable (see, Nationwide Mut. Ins. Co. v Fennimore, 224 AD2d 402; Aetna Cas. & Sur. Co. v Placek, 218 AD2d 721; Allstate Ins. Co. v Jacobs, 208 AD2d 578). Thus, the Supreme Court did not err when it vacated the arbitration award and granted Allstate a trial de novo. Contrary to the petitioner’s assertions on appeal, the arbitration proceeded pursuant to the terms of the policy. Accordingly, Allstate did not waive or otherwise fail to invoke its right to a trial de novo (see, e.g., Matter of Eckart v Aetna Cas. & Sur. Co., 208 AD2d 533; Matter of General Acc. Ins. Co. [Giacomazzo], 204 AD2d 236). Ritter, J. P., Pizzuto, Santucci and Krausman, JJ., concur.

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The petitioner was injured in a motor vehicle accident. He [442]*442claimed underinsured motorist benefits from the respondent Allstate Insurance Company (hereinafter Allstate). After arbitration of his claim before the American Arbitration Association, the petitioner was awarded $60,000. Pursuant to the terms of the petitioner’s policy, each party had the right to a trial de novo if the arbitration award, as here, exceeded certain stated limits (see, Insurance Law § 3420 [f] [2]). Such a trial de novo provision has been held to be valid and enforceable (see, Nationwide Mut. Ins. Co. v Fennimore, 224 AD2d 402; Aetna Cas. & Sur. Co. v Placek, 218 AD2d 721; Allstate Ins. Co. v Jacobs, 208 AD2d 578). Thus, the Supreme Court did not err when it vacated the arbitration award and granted Allstate a trial de novo. Contrary to the petitioner’s assertions on appeal, the arbitration proceeded pursuant to the terms of the policy. Accordingly, Allstate did not waive or otherwise fail to invoke its right to a trial de novo (see, e.g., Matter of Eckart v Aetna Cas. & Sur. Co., 208 AD2d 533; Matter of General Acc. Ins. Co. [Giacomazzo], 204 AD2d 236). Ritter, J. P., Pizzuto, Santucci and Krausman, JJ., concur.

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Bluebook (online)

228 A.D.2d 441, 643 N.Y.2d 642, 643 N.Y.S.2d 642, 1996 N.Y. App. Div. LEXIS 6220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/izzo-v-allstate-insurance-nyappdiv-1996.

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