MATTER OF WAUSAU INS. CO. v. BARTZ


197 A.D.2d 627 (1993)

604 N.Y.S.2d 760

In the Matter of Wausau Insurance Company, Respondent, v. Delrose Bartz, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 18, 1993


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the petitioner's motion to stay arbitration. The appellant failed to comply with the condition precedent to coverage under the uninsured motorist endorsement of the subject automobile policy, which required that she file a statement under oath within 90 days after the accident. No reasonable excuse for that failure has been provided, nor does the appellant contest the fact that the...

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