Legal Opinion

In re the Arbitration between Allstate Insurance & White

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

Decided September 27, 1996PublishedCited by 1 opinion

1Opinion of the Court

Order unanimously reversed on the law with costs and petition dismissed. Memorandum: Supreme Court erred in permanently staying arbitration of respondent’s claim for underinsured motorist benefits. Contrary to petitioner’s contention, respondent filed a timely claim for those benefits. The insurance policy requires that a claim be made within 90 days "or as soon as practicable”, and the record establishes that respondent notified petitioner of his claim immediately after determining that the insurance on the other vehicle involved in the accident was inadequate to compensate respondent for…

2Cases cited1 opinion

  1. In re the Arbitration between Nationwide Mutual Insurance & FennimoreAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by1 opinion

  1. In re the Arbitration between Allstate Insurance & DewyeaAppellate Division of the Supreme Court of the State of New York · 1997

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