MATTER OF ALLSTATE INSURANCE COMPANY v. ARPAIA


276 A.D.2d 628 (2000)

714 N.Y.S.2d 326

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. JOSEPH ARPAIA, Appellant.

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

Decided October 16, 2000.


Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

On August 6, 1998, the appellant sustained personal injuries, including a fractured leg, when an automobile struck the motorcycle he was operating. Thereafter, the appellant made a claim for supplementary uninsured motorist (hereinafter SUM) benefits under a policy issued by the petitioner to the appellant's mother, with whom he resided. As a resident...

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