In re the Arbitration between Motor Vehicle Accident Indemnification Corp. & Tinucci

While the provision in the MVAIC indorsement, that “ Within 90 days or as soon as practicable the insured * * * shall give to MVAIC written notice of claim ’ ’ is interpreted to require only that a notice must be filed within a reasonable time (Matter of MV AIC v. Brown, 15 A D 2d 578), the insured must use reasonable diligence to ascertain the insurance status of the other vehicle involved in the accident (Lauritano v. American Fid. Fire Ins. Co., 3 A D 2d 564, affd. 4 N Y 2d 1028; Matter of Stroud [MV AIC], 26 Misc 2d 960, affd. 13 A D 2d 757; Matter of Marcus [MV AIC], 29 Misc 2d 573). In…