Summary
In Matter of Allcity Ins. Co. (Jimenez) (170 A.D.2d 238, affd 78 N.Y.2d 1054, rearg denied 79 N.Y.2d 823), the court, citing Eveready Ins. Co. v. Saunders (149 A.D.2d 456), held that the insured's failure to file a sworn statement concerning a hit-and-run accident under the uninsured motorist endorsement of his policy within ninety days negated coverage.
Summary of this case from Matter of Empire Insurance Co. v. KaparosOpinion
February 7, 1991
Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).
Respondent's failure to file a sworn statement as to a hit-and-run accident under the uninsured motorist endorsement of his insurance policy within 90 days of the happening of the accident vitiates coverage. (Eveready Ins. Co. v Saunders, 149 A.D.2d 456.) It would be contrary to law for us to ignore and render ineffective these clear and unambiguous notice requirements by adopting respondent's claim that counsel's unsworn letter constituted sufficient notice. (See Acorn Ponds v Hartford Ins. Co., 105 A.D.2d 723, 724.)
Concur — Rosenberger, J.P., Wallach, Asch, Kassal and Smith, JJ.