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MATTER OF ALLSTATE INS. CO. v. BIZOUNOUYA

Index No. 22986/18E. Appeal No. 14098N. Case No. 2021-00171.

195 A.D.3d 511 (2021)

145 N.Y.S.3d 786

2021 NY Slip Op 03904

In the Matter of Allstate Insurance Company, Appellant, v. Daourou Bizounouya, Respondent.

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

Decided June 17, 2021.

Attorney(s) appearing for the Case

Votto & Albee, PLLC, Staten Island ( Christopher Albee of counsel), for appellant.

Daourou Bizounouya, respondent pro se.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, JJ.

Respondent, a pedestrian who was struck by a car, was not an insured within the meaning of the supplemental uninsured/underinsured motorist (SUM) endorsement of the subject insurance policy and is therefore not entitled to SUM coverage or to demand arbitration under the policy (see Matter of Matarasso [Continental Cas. Co.], 56 N.Y.2d 264, 267 [1982]). In any event, respondent received $250,000 from the tortfeasor, which is more...

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