Opinion
February 20, 1996
Appeal from the Supreme Court, Westchester County (Nicole, J.).
Ordered that the order is affirmed, with costs.
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. 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).
In this case, the appellants failed to comply with the notice requirement set forth in the uninsured motorist endorsement of the policy in question or establish a valid excuse for their failure to do so. Moreover, the appellants' filing of a claim for no-fault benefits did not satisfy the aforementioned notice requirement ( see, State Farm Mut. Auto. Ins. Co. v. Romero, 109 A.D.2d 786). Therefore, the application to permanently stay arbitration was properly granted. Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.