This is an action under section 167 of the Insurance Law against an insurer, under a family automobile policy, by a person injured by the defendant's assured who has recovered a judgment which has not been paid for more than 30 days. Defendant contends that the plaintiff's notice to it of the accident was not timely. Plaintiff relies on section 167 (subd. 1, par. [d]) of the Insurance Law which allows the injured party to prove that...
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