Legal Opinion
New York Central Mutual Fire Insurance v. Ljekocevic
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 2008Published
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Dutchess County (Sproat, J.), dated November 22, 2006, which granted the petition.
Ordered that the order is affirmed, with costs.
The appellant violated the terms of his insurance policy by failing to provide his notice of claim for underinsurance benefits “as soon as practicable” (Rekemeyer v State Farm Mut. Auto. Ins. Co., 4 NY3d 468, 474 [2005]; see Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, 93 NY2d 487, 495 [1999]; Matter of…
2Cases cited5 opinions
- Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
- Rekemeyer v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2005
- Nationwide Mutual Insurance v. DiGregorioAppellate Division of the Supreme Court of the State of New York · 2002
- Continental Insurance v. MarshallAppellate Division of the Supreme Court of the State of New York · 2004
- Interboro Mutual Indemnity Insurance v. BrownAppellate Division of the Supreme Court of the State of New York · 2002