SCOTLAND v. ALLSTATE INSURANCE COMPANY


35 A.D.3d 584 (2006)

827 N.Y.S.2d 209

STANLEY SCOTLAND, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided December 12, 2006.


Ordered that the order dated November 4, 2005 is reversed, on the law, with costs, the order of the Civil Court, entered November 18, 2003, is modified accordingly, the motion is granted, and the first, second, and third affirmative defenses are stricken.

The plaintiff sued his automobile insurer under the uninsured motorist provision of the subject policy. The policy was issued in Virginia while the plaintiff resided there. Under the circumstances presented, the...

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