Legal Opinion
In Re the Arbitration Between Brandon & Nationwide Mutual Insurance
New York Court of Appeals
Decided April 30, 2002PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Insurance policies providing Supplementary Uninsured Motorists (SUM) coverage typically require the insured not only to submit a notice of claim but also to transmit promptly to the insurer the summons and complaint in any action the insured brings against a tortfeasor. In many contexts, including SUM coverage, an insured’s failure to furnish timely notice of claim vitiates the contract, and the insurer may rely on this defense regardless of whether it can demonstrate that the insured’s failure operated to its prejudice. Today an insurer asks us, by…
2Cases cited6 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Alcazar v. HayesTennessee Supreme Court · 1998
- Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
- American Home Assurance Co. v. International InsuranceNew York Court of Appeals · 1997
- Clementi v. Nationwide Mut. Fire Ins. Co.Supreme Court of Colorado · 2001
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Dreaded, Inc. v. St. Paul Guardian Insurance Co.Indiana Supreme Court · 2009
- Argo Corp. v. Greater New York Mutual InsuranceNew York Court of Appeals · 2005
- American Transit Insurance v. SartorNew York Court of Appeals · 2004
- Rekemeyer v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2005
- Mark A. Varrichio and Associates, Mark A. Varrichio, Individually v. Chicago Insurance CompanyCourt of Appeals for the Second Circuit · 2002
37 more not listed; retrieve them via the Exa API.