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Matter of State Farm Mutual Auto. Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 2004
5 A.D.3d 782 (N.Y. App. Div. 2004)

Opinion

2002-06925.

Decided March 29, 2004.

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the appeal is from an order of the Supreme Court, Suffolk County (Werner, J.), entered April 4, 2002, which granted the petition.

Kazmierczuk McGrath, Richmond Hill, N.Y. (John P. McGrath of counsel), for appellant.

Before: NANCY E. SMITH, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Where, as here, an insured is required to provide notice of a claim as soon as practicable, such notice must be given within a reasonable time under all of the circumstances ( see Matter of Interboro Mut. Indem. Ins. Co. v. Brown, 300 A.D.2d 660). Under the circumstances of this case, the appellant failed to file written notice of his uninsured motorist claim as soon as practicable as was required by his insurance policy ( see Matter of Interboro Mut. Indem. Ins. Co. v. Brown, supra; Matter of Interboro Mut. Indem. Ins. Co. v. Callender, 288 A.D.2d 474; Matter of Eagle Ins. Co. v. Bernardine, 266 A.D.2d 543). He also failed to sustain his burden of demonstrating due diligence or a reasonable excuse for the delay in ascertaining the alleged tortfeasor's insurance status ( see Matter of Continental Ins. Co. v. Josephson, 280 A.D.2d 546, 547; Matter of Eagle Ins. Co. v. Bernardine, supra). Thus, the Supreme Court properly granted the petition to permanently stay arbitration of the claim for uninsured motorist benefits.

The appellant's remaining contentions are without merit.

SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.


Summaries of

Matter of State Farm Mutual Auto. Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 2004
5 A.D.3d 782 (N.Y. App. Div. 2004)
Case details for

Matter of State Farm Mutual Auto. Ins. Co.

Case Details

Full title:IN THE MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY…

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

Date published: Mar 29, 2004

Citations

5 A.D.3d 782 (N.Y. App. Div. 2004)
773 N.Y.S.2d 575

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