Legal Opinion
Liberty Mutual Insurance v. Gallagher
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 2009PublishedCited by 3 opinions
1Opinion of the Court
“Where, as here, an insured is required to provide notice of a claim as soon as practicable, such notice must be given within a reasonable time under all of the circumstances” (Matter of State Farm Mut. Auto. Ins. Co. v Bombace, 5 AD3d 782, 782 [2004]; see Security Mut. Ins. Co. of N.Y. v Acker-Fitzsimons Corp., 31 NY2d 436, 441 [1972]; Matter of State Farm Mut. Auto. Ins. Co. v Adams, 259 AD2d 551, 551-552 [1999]). “In the context of *773supplementary uninsured/underinsured motorist (hereinafter SUM) claims, it is the claimant’s burden to prove timeliness of notice, which is measured by the date…
2Cases cited7 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
- Nationwide Mutual Insurance v. DiGregorioAppellate Division of the Supreme Court of the State of New York · 2002
- State Farm Mutual Automobile Insurance v. AdamsAppellate Division of the Supreme Court of the State of New York · 1999
- State Farm Mutual Automobile Insurance v. BombaceAppellate Division of the Supreme Court of the State of New York · 2004
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gilliard v. ProgressiveAppellate Division of the Supreme Court of the State of New York · 2012
- Gilliard v. ProgressiveAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of GuideOne Specialty Mut. Ins. Co. v. CruzAppellate Division of the Supreme Court of the State of New York · 2017