In re the Arbitration between Nationwide Mutual Insurance & Steber
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the petition seeking a permanent stay of arbitration of respondents’ supplemental uninsured motorist (SUM) claim. Petitioner supported its application with proof that respondents waited 30 months after the accident to *941provide notice of their SUM claim. The burden was on respondents to explain their delay (see, Unwin v New York Cent. Mut. Fire Ins. Co., 268 AD2d 669). The record establishes that, immediately following the accident, respondents were aware of the severity of respondent Jeffrey Steber’s…
2Cases cited2 opinions
- Unwin v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Dixon v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by1 opinion
- Ciaramella v. State Farm InsuranceAppellate Division of the Supreme Court of the State of New York · 2000