Continental Insurance v. Marshall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an underinsured motorist claim, Genevieve Marshall appeals from a judgment of the Supreme Court, Suffolk County (Henry, J.), entered September 26, 2003, which granted the petition.
Ordered that the judgment is affirmed, with costs.
Where, as here, the insured is required to provide notice of an underinsurance claim “[a]s soon as practicable” (11 NYCRR 60-2.3 [f], condition 2), the triggering event is when the insured “knew or should reasonably have known” that the motorist involved in the accident was underinsured…
2Cases cited9 opinions
- 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. BombaceAppellate 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
- Nationwide Insurance v. BietschAppellate Division of the Supreme Court of the State of New York · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Progressive Northeastern Insurance v. McBrideAppellate Division of the Supreme Court of the State of New York · 2009
- Assurance Co. of America v. DelgrossoAppellate Division of the Supreme Court of the State of New York · 2007
- Liberty Mutual Insurance v. GallagherAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Arbitration between New York Municipal Insurance Reciprocal & McGuirkAppellate Division of the Supreme Court of the State of New York · 2007
- New York Central Mutual Fire Insurance v. LjekocevicAppellate Division of the Supreme Court of the State of New York · 2008
1 more not listed; retrieve them via the Exa API.