From Casetext: Smarter Legal Research

Matter of Allstate Insurance Co. v. Morrison

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 381 (N.Y. App. Div. 1999)

Opinion

Argued November 19, 1999

December 20, 1999

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Alpert, J.), dated December 4, 1998, which granted the petition.

Gerald P. Goldsmith, New York, N.Y., for appellant.

Marshall Marshall, Jericho, N.Y. (Richard Stiegman and David Robinson of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

On August 27, 1991, the appellant, Christopher Morrison, while a passenger in his wife's vehicle, was allegedly injured by a third-party tortfeasor. After obtaining a judgment on default against the driver of the offending vehicle, Morrison demanded payment from the alleged insurance carrier of the offending vehicle, the petitioner Allcity Insurance Company (hereinafter Allcity). Allcity disclaimed liability on the ground that no policy existed on the date of the accident. On July 2, 1998, Morrison served a demand for arbitration upon Allstate Insurance Company (hereinafter Allstate), which insured his wife's vehicle, claiming uninsured motorist benefits.

"A demand for arbitration of an uninsured motorist's claim is subject to the six-year Statute of Limitations, which runs from the date of the accident or from the time when subsequent events render the offending vehicle `uninsured'" (Matter of Allstate Ins. Co. v. Torrales, 186 A.D.2d 647 ). Since Morrison's claim was filed more than six years after the accident date, Morrison was required to come forward with legally sufficient proof that a later accrual date applies (see, Matter of State Farm Mut. Auto. Ins. Co. v. Avena, 133 A.D.2d 159 ), and that he diligently sought to determine whether the offending vehicle was insured on the date of the accident (see, Matter of Nationwide Ins. Co. v. Montopoli, 262 A.D.2d 647 [2d Dept., June 28, 1999]; Matter of State Farm Mutual Ins. Co. v. Pizzonia, 147 A.D.2d 703 ).

On the record before us, Morrison has failed to sustain his burden of adducing legally sufficient proof that a later accrual date applies, or that he exercised due diligence in ascertaining the insurance status of the offending vehicle. Accordingly, Allstate is entitled to a permanent stay of arbitration.

THOMPSON, J. P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.


Summaries of

Matter of Allstate Insurance Co. v. Morrison

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 381 (N.Y. App. Div. 1999)
Case details for

Matter of Allstate Insurance Co. v. Morrison

Case Details

Full title:In the MATTER OF ALLSTATE INSURANCE COMPANY, respondent, v. CHRISTOPHER…

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

Date published: Dec 20, 1999

Citations

267 A.D.2d 381 (N.Y. App. Div. 1999)
700 N.Y.S.2d 74

Citing Cases

N.Y.C. Transit Auth. v. Hill

“accrues either when the accident occurred or when the allegedly offending vehicle thereafter becomes…

Am. Transit Ins. Co. v. Rosario

A claim for UIM benefits is governed by the six-year statute of limitations applicable to contract actions…