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MATTER OF ALLSTATE INS. CO. v. JAE CHEL KIM

2019-06226. Index No. 85089/18.

189 A.D.3d 1224 (2020)

134 N.Y.S.3d 254

2020 NY Slip Op 07563

In the Matter of Allstate Insurance Company, Respondent, v. Jae Chel Kim, Appellant.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Andrew Park, P.C., New York, NY ( Jusun Yook of counsel), for appellant.

Votto & Albee, PLLC, Staten Island, NY ( Christopher J. Albee of counsel), for respondent.

Chambers, J.P., Hinds-Radix, LaSalle and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

On March 26, 2018, Jae Chel Kim (hereinafter the insured) served a demand to arbitrate an uninsured motorist claim on his insurance company, Allstate Insurance Company (hereinafter Allstate), based on a hit-and-run accident he was involved in on April 6, 2017. In a letter dated April 9, 2018, Allstate notified the insured that it would not honor the claim because "[t]he first notice we received in regards to injury on...

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