Opinion
May 2, 1994
Appeal from the Supreme Court, Queens County (Kassoff, J.).
Ordered that the judgment is affirmed, with costs.
An insured must give notice of his uninsured motorist claim to the insurer within the time limit provided in the insurance policy or within a reasonable time under all the circumstances (see, Matter of Allstate Ins. Co. v. Kashkin, 130 A.D.2d 744). Here, the insured made numerous inquiries as to the whereabouts of the owner and driver of the other vehicle involved in the accident and as to the existence of insurance coverage with respect to those individuals. The results of those inquiries should have alerted him to the fact that he had a potential uninsured motorist claim. Nevertheless, he failed to comply with the notice requirement contained in the insurance policy, and also failed to establish a valid excuse for that noncompliance. Accordingly, the petition to stay arbitration was properly granted, regardless of the fact that the insurer had notice of the accident, but not of the possibility of an uninsured motorist claim, prior to the expiration of the period within which notice of the uninsured motorist claim should have been served upon it (see, Matter of Wausau Ins. Co. v. Bartz, 197 A.D.2d 627; Matter of Allstate Ins. Co. v. Kashkin, supra). Bracken, J.P., Lawrence, Ritter and Pizzuto, JJ., concur.