In re the Arbitration between Nationwide Mutual Insurance & Fennimore

Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied petitioner’s application to stay arbitration of respondent’s claim for underinsurance benefits. Respondent was required to assert her claim "within 90 days or as soon as practicable”; that requirement "called for a determination of what was within a reasonable time in the light of the facts and circumstances of the case at hand” (Mighty Midgets v Centennial Ins. Co., 47 NY2d 12, 19). Respondent offered a reasonable excuse for her delay in asserting the claim for coverage (cf., Schiebel v Nationwide Mut. Ins.…