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Matter of Travelers Indemnity Company

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 1993
189 A.D.2d 570 (N.Y. App. Div. 1993)

Opinion

January 5, 1993

Appeal from the Supreme Court, New York County (Jacqueline W. Silbermann, J.).


Absent a valid excuse, failure to satisfy an insurance policy notice requirement vitiates coverage (Matter of Allcity Ins. Co. [Jimenez], 78 N.Y.2d 1054, 1055-1056, affg 170 A.D.2d 238). Nevertheless, respondents argue, citing Matter of Merchants Mut. Ins. Co. (Anziano) ( 59 Misc.2d 673), their sworn statement should be deemed timely even though not filed with petitioner within 90 days of the accident, as required by the endorsement, since petitioner had earlier and timely notice of the accident as a result of receiving medical reports and a motor vehicle accident report in connection with respondents' claim for no-fault benefits. As the IAS Court pointed out, this argument overlooks that in Merchants Mut. (supra, at 676), the endorsement provided that a claim had to be filed "`[w]ithin 90 days or as soon as practicable'", whereas here the 90 day notice requirement is unqualified. Accordingly, arbitration was properly stayed.

Concur — Sullivan, J.P., Carro, Wallach, Asch and Rubin, JJ.


Summaries of

Matter of Travelers Indemnity Company

Appellate Division of the Supreme Court of New York, First Department
Jan 5, 1993
189 A.D.2d 570 (N.Y. App. Div. 1993)
Case details for

Matter of Travelers Indemnity Company

Case Details

Full title:In the Matter of the Arbitration between TRAVELERS INDEMNITY COMPANY…

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

Date published: Jan 5, 1993

Citations

189 A.D.2d 570 (N.Y. App. Div. 1993)
592 N.Y.S.2d 23

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