Legal Opinion

Allstate Insurance v.Gardaner

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

Decided June 10, 2008Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Kurtz, J.H.O.), dated March 27, 2007, which, after a framed-issue hearing, denied that branch of the petition which was to permanently stay arbitration and, in effect, directed the parties to proceed to arbitration.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court correctly determined that Travelers Insurance Company (hereinafter Travelers) was justified…

2Cases cited4 opinions

  1. Nationwide Mutual Insurance v. GrahamAppellate Division of the Supreme Court of the State of New York · 2000
  2. Allstate Insurance v. RicoAppellate Division of the Supreme Court of the State of New York · 2006
  3. Fidelity & Casualty Co. of New York v. HoldemanNew York Court of Appeals · 1966
  4. Peerless Ins. v. SearsNew York Court of Appeals · 1971

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API