Legal Opinion
Merchants Mutual Insurance v. Falisi
New York Court of Appeals
Decided January 14, 2003PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the petition to stay arbitration dismissed.
While we agree with the Appellate Division that the insurer waived its right to deny coverage based on late notice of legal action, we disagree with the alternative ground on which the Appellate Division affirmed the stay. The requirement that claimants provide their insurer with timely notice of claim was met by the form given to the insurer 11 days after the accident detailing the claim. Claimants listed a numerical code which indicated that the…
2Cases cited1 opinion
- Wachtel v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1935
3Cited by4 opinions
- Government Employees Insurance v. ShlomyAppellate Division of the Supreme Court of the State of New York · 2003
- DiPalma v. Eveready InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Arbitration between New York Central Mutual Fire Insurance & BettAppellate Division of the Supreme Court of the State of New York · 2004
- Vernon v. VernonNew York Court of Appeals · 2003