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AVONMARK INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY

294 A.D.2d 941 (2002)

741 N.Y.S.2d 640

AVONMARK INSURANCE COMPANY, Doing Business as WEST AMERICAN INSURANCE COMPANY, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant, et al., Defendants. (Appeal No. 1.)

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

Decided May 3, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of defendant Allstate Insurance Company (Allstate) seeking summary judgment dismissing the complaint against it. Plaintiff's insured commenced an action seeking damages for injuries that he sustained when a vehicle owned by Allstate's insured rear-ended his vehicle. Plaintiff commenced this...

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