Ciaramella v. State Farm Insurance

Finally, the fact that defendant had potential knowledge of plaintiffs SUM claim because it was plaintiffs no-fault carrier does not alter the fact that plaintiff failed to provide timely written notice (see, Matter of Allstate Ins. Co. [Dewyea], 245 AD2d 667, 668). “The resolution of the issue whether plaintiff! ] provided timely notice "turns solely on [his] diligence and therefore on facts within [his] knowledge’ ” (Dixon v New York Cent. Mut. Fire Ins. Co., 265 AD2d 914, 915, quoting Matter of Seasonwein [MVAIC], 23 AD2d 732). Defendant’s “actual notice of the accident does not vitiate…