MATTER OF ALLSTATE INSURANCE COMPANY v. JOSEPH


35 A.D.3d 730 (2006)

826 N.Y.S.2d 700

In the Matter of ALLSTATE INSURANCE COMPANY, Appellant, v. CLAUDETTE JOSEPH et al., Respondents.

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

Decided December 19, 2006.


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new hearing on the petition and a new determination thereafter.

The petitioner Allstate Insurance Company (hereinafter Allstate) sought to stay uninsured motorist arbitration demanded by the individual respondents Claudette Joseph and Reginald Aime, on the ground that the other vehicle involved in a January 8, 2004 accident had viable insurance...

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