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Paz v. Aetna Casualty & Surety Co.

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 660 (N.Y. App. Div. 1998)

Opinion

May 11, 1998

Appeal from the Supreme Court, Kings County (Dowd, J.).


Ordered that the order and judgment is affirmed, with costs.

The Supreme Court correctly determined that the defendant Aetna Casualty Surety Company (hereinafter Aetna) was entitled to judgment declaring that it is not required to provide the plaintiffs with underinsurance benefits under the policy issued to the plaintiff Luis A. Paz. The plaintiffs' written notice of claim for underinsured motorist benefits, given to Aetna more than one year after the plaintiffs learned of the policy limits of the offending vehicle, was untimely as a matter of law ( see, Schiebel v. Nationwide Mut. Ins. Co., 166 A.D.2d 520; cf., Matter of Nationwide Mut. Ins. Co. v. Edgerson, 195 A.D.2d 560).

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

Paz v. Aetna Casualty & Surety Co.

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 660 (N.Y. App. Div. 1998)
Case details for

Paz v. Aetna Casualty & Surety Co.

Case Details

Full title:LUIS A. PAZ et al., Appellants, v. AETNA CASUALTY SURETY COMPANY et al.…

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

Date published: May 11, 1998

Citations

250 A.D.2d 660 (N.Y. App. Div. 1998)
671 N.Y.S.2d 701

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