From Casetext: Smarter Legal Research

Matter of Govt. Employees Ins. Co. v. Elman

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1972
40 A.D.2d 994 (N.Y. App. Div. 1972)

Summary

finding 29 days unreasonable

Summary of this case from Waldorf Holding Corp. v. Chartis Claims Inc.

Opinion

December 11, 1972


In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Kings County, dated April 12, 1972, which denied the application. Order reversed, on the law, without costs, and application granted. We are of the opinion that, as a matter of law, respondent failed to give notification of the alleged hit-and-run accident to the police, as required in the "Indemnification Endorsement" in his automobile insurance policy, "within 24 hours or as soon as reasonably possible." He was allegedly injured by a hit-and-run vehicle on March 12, 1970. He did not report the accident to the police until April 10, 1970 — 29 days later. Admittedly, he visited his doctor on March 19, 1970 and again on March 27, 1970. The injuries consisted of a broken arm. This did not prevent him from notifying the police. Furthermore, his father resided with him, so that he could have utilized his services in informing the police of the occurrence. Latham, Acting P.J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.


Summaries of

Matter of Govt. Employees Ins. Co. v. Elman

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1972
40 A.D.2d 994 (N.Y. App. Div. 1972)

finding 29 days unreasonable

Summary of this case from Waldorf Holding Corp. v. Chartis Claims Inc.
Case details for

Matter of Govt. Employees Ins. Co. v. Elman

Case Details

Full title:In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v…

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

Date published: Dec 11, 1972

Citations

40 A.D.2d 994 (N.Y. App. Div. 1972)

Citing Cases

Waldorf Holding Corp. v. Chartis Claims Inc.

Judge Steele found plaintiff had not provided any excuse for the two-year delay in notice to INIC. Citing to…

U.S. Underwriter's Insurance Company v. Ziering

Where the insured provides no excuse for the delay, New York courts have found, as a matter of law, that…