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MATTER OF UTICA MUT. INS. CO. v. LOWRY

208 A.D.2d 636 (1994)

618 N.Y.S.2d 232

In the Matter of Utica Mutual Insurance Company, Respondent, v. Peter A. Lowry, Appellant

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

October 11, 1994

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the appellant failed to demonstrate that he had diligently sought to determine whether the offending vehicle was insured. Thus, the court correctly stayed the arbitration since the appellant did not comply with the provision in his insurance policy that he give notice of any uninsured motorist claims within 90 days of the accident or as...

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