Legal Opinion

Nationwide Insurance v. Montopoli

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

Decided June 28, 1999PublishedCited by 15 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 75 to stay the arbitration of a claim for underinsured motorist benefits, the appeal is from an order of the Supreme Court, Nassau County (Carter, J.), dated August 4, 1998, which granted the application.

Ordered that the order is affirmed, with costs.

The relevant provision of the subject insurance policy required thát the appellant, William Montopoli, give notice of the claim to the petitioner “within 90 days or as soon as practicable”. The appellant was required to give notice within 90 days or as soon as practicable from the date he knew or should…

2Cases cited11 opinions

  1. Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
  2. Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
  3. Schiebel v. Nationwide Mutual Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1990
  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

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

3Cited by15 opinions

  1. Eagle Insurance v. BernardineAppellate Division of the Supreme Court of the State of New York · 1999
  2. Allstate Insurance v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1999
  3. In re the Arbitration between State Farm Mutual Automobile Insurance & HernandezAppellate Division of the Supreme Court of the State of New York · 2000
  4. Nationwide Mutual Insurance v. WexlerAppellate Division of the Supreme Court of the State of New York · 2000
  5. Dixon v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1999

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

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