From Casetext: Smarter Legal Research

In re Continental Insurance Co. v. Boyar

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 2001
284 A.D.2d 332 (N.Y. App. Div. 2001)

Opinion

Submitted April 11, 2001.

June 4, 2001

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Raymond Boyar appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated May 22, 2000, which granted the petition.

Feldman, Kramer Monaco, P.C., Hauppauge, N.Y. (Jason F. Zimmerman of counsel), for appellant.

Feeney, Gayoso Fitzpatrick, LLP, Hauppauge, N.Y. (Rosa M. Feeney of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, JJ.


ORDERED that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The relevant provision of the subject insurance policy required the appellant to give written notice of an uninsured motorist claim to the petitioner "[a]s soon as practicable", from the date he knew or should have known that the tortfeasor was uninsured (see, Matter of Metropolitan Prop. Cas. Ins. Co. v. Mancuso, 93 N.Y.2d 487). The appellant sustained his burden of demonstrating that he acted with due diligence in ascertaining the insurance status of the vehicles involved in the accident, and in providing timely notice to the petitioner (see, Matter of Metropolitan Prop. Cas. Ins. Co. v. Mancuso, supra; Nationwide Mut. Ins. Co. v. Edgerson, 195 A.D.2d 560, 561). Accordingly, the Supreme Court erred in granting the petition to permanently stay the arbitration of the appellant's uninsured motorist claim.

It is unnecessary to reach the appellant's remaining contention in light of our determination.

SANTUCCI, J.P., S. MILLER, LUCIANO, FEUERSTEIN and ADAMS, JJ., concur.


Summaries of

In re Continental Insurance Co. v. Boyar

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 2001
284 A.D.2d 332 (N.Y. App. Div. 2001)
Case details for

In re Continental Insurance Co. v. Boyar

Case Details

Full title:IN THE MATTER OF CONTINENTAL INSURANCE COMPANY, RESPONDENT, v. RAYMOND…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 4, 2001

Citations

284 A.D.2d 332 (N.Y. App. Div. 2001)
725 N.Y.S.2d 564

Citing Cases

Schlesinger v. Nationwide Mutual Insurance

Nationwide moved to dismiss the complaint on the ground that Schlesinger failed to provide timely notice of…

In the Matter of Continental Ins. Co. v. Marshall

Ordered that the judgment is affirmed, with costs. Where, as here, the insured is required to provide notice…