Legal Opinion
Unitrin Auto & Home Insurance v. Gelbstein
Appellate Division of the Supreme Court of the State of New York
Decided August 28, 2013Published
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 (Solomon, J.), entered April 24, 2012, which denied the petition.
Ordered that the order is reversed, on the law, with costs, and the petition to permanently stay arbitration is granted.
When a policyholder purchases supplemental uninsured/ underinsured motorist (hereinafter SUM) coverage in New York, he or she is insuring against the risk that a tortfeasor’s underinsurance (or complete lack…
2Cases cited5 opinions
- Raffellini v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2007
- Prudential Property & Casualty Co. v. SzeliNew York Court of Appeals · 1994
- S'Dao v. National Grange Mutual InsuranceNew York Court of Appeals · 1995
- Allstate Insurance v. RiveraNew York Court of Appeals · 2009
- Liberty Mutual Insurance v. WalkerAppellate Division of the Supreme Court of the State of New York · 2011