SHUTTER v. NATIONWIDE MUT. INS. CO.


205 A.D.2d 817 (1994)

613 N.Y.S.2d 273

Archie H. Shutter et al., Appellants, v. Nationwide Mutual Insurance Company, Respondent

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

June 2, 1994


In our view, Supreme Court correctly concluded that defendant is not obligated to provide underinsurance benefits to plaintiffs. Defendant disclaimed coverage under the underinsured motorist endorsement in its policy due to plaintiffs' delay in advising defendant of a potential personal injury claim and plaintiffs' failure to immediately forward to defendant a copy of the summons and complaint in that action. Under the circumstances, plaintiffs' clear failure to timely comply...

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