Nationwide Insurance v. Bietsch

—In a proceeding pursuant to CPLR 7503 to permanently stay arbitration of an uninsured motorist claim, Robert J. Bietsch, Janice A. Bietsch, and Jason Bietsch appeal from an order of the Supreme Court, Westchester County (Nicole, J.), entered October 6, 1994, which granted the application.

Ordered that the order is affirmed, with costs.

An insured must give notice to his or her insurer within the time limit provided in the insurance policy or within a reasonable time under all the circumstances. Absent a valid excuse, failure to satisfy the notice requirement in an insurance policy vitiates…