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MATTER OF EVEREADY INS. CO.

203 A.D.2d 101 (1994)

611 N.Y.S.2d 1

In the Matter of the Arbitration between Eveready Insurance Company, Appellant, and Manny Schwartzberg, Respondent

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

April 12, 1994

After a hearing the IAS Court properly determined that respondent's failure to have filed with petitioner a statement under oath pertaining to the specifics of a 1989 hit and run incident did not, as a matter of law, bar his request to seek coverage under the uninsured motorist coverage provision (see, Matter of Empire Ins. Co. v Kaparos, 183 A.D.2d 566). Here, respondent obtained a copy of the police report prepared at the...

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