Mantor v. General Accident Insurance Co. of America

Order unanimously affirmed without costs. Memorandum: Plaintiff Edward Mantor contends that Special Term erred in holding that the notice of occurrence given by plaintiff to the insurer was untimely. We disagree. Unlike the notice of occurrence provisions common to liability policies authorized by Insurance Law § 3420, the notice provisions in the present *999case dealing with no-fault benefits are governed by Insurance Law § 5101 et seq, and the rules and regulations enacted to implement the Comprehensive Automobile Insurance Act. Under 11 NYCRR 65.12 notice of occurrence by an eligible person…