Koenig v. Allstate Insurance

Appellate Division of the Supreme Court of New York

Koenig v. Allstate Insurance

269 A.D.2d 598, 704 N.Y.S.2d 819, 2000 N.Y. App. Div. LEXIS 2878

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

DecidedFebruary 28, 2000

StatusPublished

This text of 269 A.D.2d 598 (Koenig 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

Koenig v. Allstate Insurance, 269 A.D.2d 598, 704 N.Y.S.2d 819, 2000 N.Y. App. Div. LEXIS 2878 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 75 to compel arbitration of an uninsured motorist claim, Allstate Insurance Company appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated March 23, 1999, which, upon renewal, granted the petition and directed the parties to proceed to arbitration.

Ordered that the order is affirmed, with costs.

The appellant contends that the Supreme Court erred in failing to resolve the issue of whether a second vehicle was involved in the insured’s accident before directing that the parties proceed to arbitration. However, under the arbitration clause contained in the applicable “Out of State Uninsured Motorists Insurance” provision of the subject policy, that is “a factual issue within the scope of the agreement to arbitrate and is not to be resolved by the judiciary” (Allcity Ins. Co. v Williams, 120 AD2d 1, 3-4; see also, Matter of Prudential Prop. & Cas. Ins. Co. [Hildalgo], 133 AD2d 87; cf., Matter of State Farm Mut. Ins. Co. v Donath, 164 AD2d 889).

The appellant’s remaining contentions are without merit. Thompson, J. P., Sullivan, Krausman and Smith, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to compel arbitration of an uninsured motorist claim, Allstate Insurance Company appeals from an order of the Supreme Court, Rockland County (Sherwood, J.), dated March 23, 1999, which, upon renewal, granted the petition and directed the parties to proceed to arbitration.

Ordered that the order is affirmed, with costs.

The appellant contends that the Supreme Court erred in failing to resolve the issue of whether a second vehicle was involved in the insured’s accident before directing that the parties proceed to arbitration. However, under the arbitration clause contained in the applicable “Out of State Uninsured Motorists Insurance” provision of the subject policy, that is “a factual issue within the scope of the agreement to arbitrate and is not to be resolved by the judiciary” (Allcity Ins. Co. v Williams, 120 AD2d 1, 3-4; see also, Matter of Prudential Prop. & Cas. Ins. Co. [Hildalgo], 133 AD2d 87; cf., Matter of State Farm Mut. Ins. Co. v Donath, 164 AD2d 889).

The appellant’s remaining contentions are without merit. Thompson, J. P., Sullivan, Krausman and Smith, JJ., concur.

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Bluebook (online)

269 A.D.2d 598, 704 N.Y.S.2d 819, 2000 N.Y. App. Div. LEXIS 2878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koenig-v-allstate-insurance-nyappdiv-2000.

Opinion

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