MATTER OF TRAVELERS INS. CO. v. MORZELLO


221 A.D.2d 291 (1995)

634 N.Y.S.2d 111

In the Matter of Travelers Insurance Company, Appellant, v. Anthony Morzello, Respondent

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

November 30, 1995


We agree with the IAS Court that the policy requirement that a claimant give notice of an underinsured motorist claim "[w]ithin 90 days or as soon as practicable" is ambiguous in that it fails to state the event that triggers the running of the 90 days. In this regard, it should be noted, Insurance Law § 5208 (a) (1) provides for notice to the Motor Vehicle Accident Indemnification Corporation of an uninsured claim "within * * * days of the accrual of the cause of action...

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