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MATTER OF DeLEON v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.

243 A.D.2d 475 (1997)

662 N.Y.S.2d 820

In the Matter of Luis DeLeon, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant, and Aetna Casualty and Surety Company et al., Respondents

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

October 6, 1997

Ordered that the judgment is affirmed, with costs.

The uncontroverted evidence established that the insured, Minorka Paredes, never notified Aetna Casualty and Surety Company (hereinafter Aetna) of the accident which occurred on May 23, 1992, or that the injured party, Luis DeLeon, had commenced a lawsuit against her. Therefore, she failed to comply with the terms of the policy, which required her to promptly notify Aetna after the occurrence of the accident. Contrary...

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