MATTER OF NATIONWIDE MUT. INS. CO.


201 A.D.2d 979 (1994)

610 N.Y.S.2d 897

In the Matter of the Arbitration between Nationwide Mutual Insurance Company, Appellant, and Barbara A. Fennimore, Respondent

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

February 4, 1994


Judgment unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied petitioner's application to stay arbitration of respondent's claim for underinsurance benefits. Respondent was required to assert her claim "within 90 days or as soon as practicable"; that requirement "called for a determination of what was within a reasonable time in the light of the facts and circumstances of the case at hand" (Mighty Midgets v Centennial Ins. Co....

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