Legal Opinion

Eagle Insurance v. Garcia

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

Decided February 5, 2001PublishedCited by 4 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated March 24, 2000, which denied its petition and dismissed the proceeding.

*477Ordered that the order is reversed, on the law, with costs, the petition is granted, and the uninsured motorist arbitration is permanently stayed.

“An insured must give notice to his or her [insurance carrier] within the time limit provided in the insurance policy or within a reasonable time under all the circumstances.…

2Cases cited2 opinions

  1. Horowitz v. Transamerica InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  2. Nationwide Insurance v. BietschAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by4 opinions

  1. Continental Insurance v. MarshallAppellate Division of the Supreme Court of the State of New York · 2004
  2. Ortiz v. Fage USA Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  3. AIU Insurance v. HenryAppellate Division of the Supreme Court of the State of New York · 2005
  4. Ortiz v. Fage USA Corp.Appellate Division of the Supreme Court of the State of New York · 2013

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