Cabrera v. Allstate Insurance

OPINION OF THE COURT

Order entered November 14, 2007, reversed, with $10 costs, motion denied and complaint reinstated.

In this action to recover uninsured motorist benefits arising out of a vehicular accident which occurred in Bronx County, defendant moved for, and was granted, summary dismissal of the complaint on the ground that the forum selection clause in the governing automobile insurance policy mandated the removal of the action to Connecticut. While the first paragraph of the policy’s forum selection clause provides that “[s]ubject to the following two paragraphs . . . any and all…