Opinion
December 7, 1998
Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.H.O.).
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the petitioner, State Farm Insurance Company, is directed to proceed to arbitration.
It is well settled that an insured must give notice to his or her insurer within the time limit provided in the insurance policy or within a reasonable time under all the circumstances, and that absent a valid excuse, failure to satisfy the notice requirement in an insurance policy vitiates coverage ( see, Matter of Allstate Ins. Co. v. Kashkin, 130 A.D.2d 744, 745; see also, Interboro Mut. Indem. Ins. Co. v. Mendez, 253 A.D.2d 790; New York Cent. Mut. Fire Ins. Co. v. Riley, 234 A.D.2d 279; Matter of Travelers Ins. Co. v. Littleton, 218 A.D.2d 661). The burden is on the insured to show that there was a reasonable excuse for the delay ( see, Witriol v. Travelers Ins. Group, 251 A.D.2d 497; Lukralle v. Durso Supermarkets, 238 A.D.2d 318; New York Cent. Mut. Fire Ins. Co. v. Riley, supra).
In the instant case, the one-year delay between the date of the accident and the date Lumbermens Mutual Casualty Company (hereinafter Lumbermens) was notified is undisputed. Furthermore, it is clear from the record that neither Lumbermens' insured, the offending driver, nor the injured party presented any evidence establishing a reasonable excuse for the delay. It is also clear that Lumbermens promptly (within 10 days of receiving notice of the accident) disclaimed coverage.
Accordingly, since Lumbermens' disclaimers were valid, the Supreme Court erred in granting State Farm Insurance Company's petition to stay arbitration.
Pizzuto, J.P., Joy, Goldstein and Luciano, JJ., concur.