Legal Opinion
Allstate Insurance v. DeMorato
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 1999PublishedCited by 6 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Davis, J.), dated August 6, 1998, which granted the petition and permanently stayed arbitration.
Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.
The determination as to whether a vehicle is underinsured is made by comparing the bodily injury limits of the claimant’s insurance policy with the bodily injury limits of the tortfeasor’s policy…
2Cases cited5 opinions
- Maurizzio v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1989
- Prudential Property & Casualty Co. v. SzeliNew York Court of Appeals · 1994
- Fireman's Fund Insurance v. FredaAppellate Division of the Supreme Court of the State of New York · 1989
- Automobile Insurance v. StillwayAppellate Division of the Supreme Court of the State of New York · 1991
- State Farm Mutual Automobile Insurance v. RothAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- Government Employees Insurance v. YoungAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Arbitration between New Hampshire Insurance & BobakAppellate Division of the Supreme Court of the State of New York · 2010
- Automobile Insurance v. RayAppellate Division of the Supreme Court of the State of New York · 2008
- CGU Insurance v. NardelliNew York Supreme Court · 2001
- Clarendon National Insurance v. NunezAppellate Division of the Supreme Court of the State of New York · 2008
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