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MATTER OF CHRISTIAN v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

37 A.D.2d 567 (1971)

In the Matter of Janice Christian, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

June 1, 1971

Judgment reversed, on the law, without costs, and application denied.

The questions of fact have not been considered. A notice of claim was first filed with appellant on June 12, 1968, some seven and a half months after the accident. Since it was a question of no insurance on the subject automobile rather than a disclaimer of coverage, petitioner, a qualified person, could not be excused from filing the notice within the...

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