Matter of Allstate Ins. Co. v. Uninsured Motorist Arbitration demanded by Cristobal Peralta

Appellate Division of the Supreme Court of New York

Matter of Allstate Ins. Co. v. Uninsured Motorist Arbitration demanded by Cristobal Peralta

128 A.D.3d 569, 10 N.Y.S.3d 51

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

DecidedMay 21, 2015

Docket15197N 260548/11

StatusPublished

This text of 128 A.D.3d 569 (Matter of Allstate Ins. Co. v. Uninsured Motorist Arbitration demanded by Cristobal Peralta) 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

Matter of Allstate Ins. Co. v. Uninsured Motorist Arbitration demanded by Cristobal Peralta, 128 A.D.3d 569, 10 N.Y.S.3d 51 (N.Y. Ct. App. 2015).

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Opinion

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered February 27, 2014, which granted petitioner Allstate Insurance Company’s application to permanently stay an uninsured motorist arbitration, unanimously affirmed, without costs.

The evidence at the hearing did not overcome the presumption of permissive use. Appellants presented evidence that Taveras’s car keys were stolen hours before the accident and that the theft was reported to the police. However, there was no evidence that the car itself was ever stolen or reported stolen. Under these circumstances, the court could reject appellants’ contention that the car must have been driven by an unknown thief at the time of the accident, and no basis exists *570 to disturb the findings of the hearing court (see State Farm Mut. Auto. Ins. Co. v Taveras, 71 AD3d 606 [1st Dept 2010]; Matter of State Farm Mut. Auto. Ins. Co. v Fernandez, 23 AD3d 480 [2d Dept 2005]). Concur — Tom, J.P., Friedman, DeGrasse, Richter and Kapnick, JJ.

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Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered February 27, 2014, which granted petitioner Allstate Insurance Company’s application to permanently stay an uninsured motorist arbitration, unanimously affirmed, without costs.

The evidence at the hearing did not overcome the presumption of permissive use. Appellants presented evidence that Taveras’s car keys were stolen hours before the accident and that the theft was reported to the police. However, there was no evidence that the car itself was ever stolen or reported stolen. Under these circumstances, the court could reject appellants’ contention that the car must have been driven by an unknown thief at the time of the accident, and no basis exists *570 to disturb the findings of the hearing court (see State Farm Mut. Auto. Ins. Co. v Taveras, 71 AD3d 606 [1st Dept 2010]; Matter of State Farm Mut. Auto. Ins. Co. v Fernandez, 23 AD3d 480 [2d Dept 2005]). Concur — Tom, J.P., Friedman, DeGrasse, Richter and Kapnick, JJ.

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Bluebook (online)

128 A.D.3d 569, 10 N.Y.S.3d 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-allstate-ins-co-v-uninsured-motorist-arbitration-demanded-by-nyappdiv-2015.

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