Travelers Insurance Company v. Morzello

—Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered December 19, 1994, denying petitioner’s application to stay arbitration of respondent’s underinsured motorist claim and dismissing the petition, unanimously reversed, on the law, without costs or disbursements, the motion granted to the extent of directing a hearing as indicated herein and the matter remanded for such hearing.

We agree with the IAS Court that the policy requirement that a claimant give notice of an underinsured motorist claim "[w]ithin 90 days or as soon as practicable” is ambiguous in that it fails to…