Legal Opinion

American Casualty Insurance v. Silverman

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 2000PublishedCited by 6 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to stay arbitration of a claim for underinsured motorist benefits, the appeal is from an order of the Supreme Court, Suffolk County (Doyle, J.), dated May 18, 1999, which granted the application.

Ordered that the order is affirmed, with costs.

The relevant provision of the insurance policy required that the appellant give notice of the claim to the petitioner “as soon as practicable”. Therefore, the appellant was required to give notice “within a reasonable time under all the circumstances” (Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 NY2d…

2Cases cited8 opinions

  1. Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
  2. Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
  3. In re the Arbitration between Allcity Insurance & JimenezNew York Court of Appeals · 1991
  4. Nationwide Mutual Insurance v. EdgersonAppellate Division of the Supreme Court of the State of New York · 1993
  5. State Farm Mutual Automobile Insurance v. AdamsAppellate Division of the Supreme Court of the State of New York · 1999

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Progressive Northeastern Insurance v. McBrideAppellate Division of the Supreme Court of the State of New York · 2009
  2. State Farm Mutual Automobile Insurance v. LineroAppellate Division of the Supreme Court of the State of New York · 2004
  3. CGU Insurance v. NardelliNew York Supreme Court · 2001
  4. New York Central Mutual Fire Insurance v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2006
  5. State Farm Mutual Automobile Insurance v. TubisAppellate Division of the Supreme Court of the State of New York · 2007

1 more not listed; retrieve them via the Exa API.

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