In re the Arbitration between Allstate Insurance & White
Appellate Division of the Supreme Court of the State of New York
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
- In re the Arbitration between Nationwide Mutual Insurance & FennimoreAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by1 opinion
- In re the Arbitration between Allstate Insurance & DewyeaAppellate Division of the Supreme Court of the State of New York · 1997