Opinion
February 4, 1994
Appeal from the Supreme Court, Nassau County, O'Brien, J.
Present — Denman, P.J., Green, Balio, Fallon and Davis, JJ.
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 N.Y.2d 12, 19). Respondent offered a reasonable excuse for her delay in asserting the claim for coverage (cf., Schiebel v. Nationwide Mut. Ins. Co., 166 A.D.2d 520) and showed that she exercised due diligence in ascertaining the policy limits of the vehicles involved in the collision (see, Matter of Nationwide Mut. Ins. Co. v. Edgerson, 195 A.D.2d 560).