MATTER OF ALLSTATE INSURANCE COMPANY v. GOMEZ


263 A.D.2d 481 (1999)

691 N.Y.S.2d 916

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. LOUIS R. GOMEZ et al., Respondents, and TRI-STATE CONSUMER INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 12, 1999.


Ordered that the judgment is reversed, with costs and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of the diligence of Luis Roque Gomez in ascertaining the existence of insurance coverage and whether he thereafter pursued his claim expeditiously; and it is further,

Ordered that arbitration is temporarily stayed pending the hearing and new determination.

The petitioner commenced this proceeding to permanently stay arbitration...

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