Summary
In Matter of Travelers Ins. Co. [Dauria] (224 A.D.2d 259) the court took the relevant starting point to be when the insured "was apprised" of the tortfeasor's underinsurance.
Summary of this case from Matter of Met. Property Casualty Ins. v. MancusoOpinion
February 8, 1996
Appeal from the Supreme Court, New York County (David Saxe, J.).
The IAS Court properly denied petitioner's motion for a stay of arbitration, finding that respondent insured timely notified petitioner of his underinsurance claim "as soon as practicable", given the ambiguity concerning when such insurance coverage is triggered ( Matter of Travelers Ins. Co. v. Morzello, 221 A.D.2d 291), and that respondent was reasonable in sending his written notification to petitioner shortly after he was apprised by the offending vehicle's insurance company of the limits of that policy ( Matter of Nationwide Mut. Ins. Co. v. Edgerson, 195 A.D.2d 560). Moreover, respondent actually notified petitioner of the accident in connection with his "no-fault" benefits claims within 90 days of the accident.
Concur — Milonas, J.P., Ellerin, Wallach, Kupferman and Williams, JJ.