Jones v. Motor Vehicle Accident Indemnification Corp.

We should affirm. I would except from the 90-day period of limitation in subdivision (a) of section 608 of the Insurance Law all those whose failure to file a notice is attributable to circumstances such as presented in the present case.

The undisputed facts show that it would have been impossible for petitioner to give MVAIC notice that he had been in an accident with an uninsured vehicle even if he had inquired of the Department of Motor Vehicles within the 90 days.

Upon these facts, I would excuse the failure to file timely notice of claim. This is not a situation where the filing of notice…