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MATTER OF ALLCITY INS. CO.

170 A.D.2d 238 (1991)

In the Matter of the Arbitration between Allcity Insurance Company, Respondent, and Sergio Jimenez, Appellant. State Farm Mutual Automobile Ins. Co. et al., Respondents

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

February 7, 1991

Respondent's failure to file a sworn statement as to a hit-and-run accident under the uninsured motorist endorsement of his insurance policy within 90 days of the happening of the accident vitiates coverage. (Eveready Ins. Co. v Saunders, 149 A.D.2d 456.) It would be contrary to law for us to ignore and render ineffective these clear and unambiguous notice requirements by adopting respondent's claim that counsel's unsworn letter...

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