LUMBERMEN'S MUT. CAS. CO. v. CRIVELLO


210 A.D.2d 177 (1994)

621 N.Y.S.2d 20

Lumbermen's Mutual Casualty Company, Appellant, v. Thomas Crivello et al., Respondents

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

December 27, 1994


No issue of fact exists as to whether respondents complied with the policy provisions in dispute. Concerning the 90-day notice requirement, the record establishes that a month after the accident, respondents notified one of petitioner's agents that they were making claims under the uninsured motorist clause, and in view of the ambiguity of the clause, it was not necessary that respondents submit a sworn statement concerning the...

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