MATTER OF ITT HARTFORD INS. CO.


249 A.D.2d 86 (1998)

671 N.Y.S.2d 240

In the Matter of the Arbitration between ITT Hartford Insurance Company, Appellant, and Ronald Churchward, Respondent

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

April 14, 1998


The motion court properly concluded that, under the circumstances of this case, in which hospital records show respondent to have been severely injured and to have had significantly compromised memory in the aftermath of his accident, the conditions precedent to arbitration of respondent's uninsured motorist claim were sufficiently satisfied by his submission of a sworn statement to petitioner when his memory returned, some five months subsequent to the accident, and by his...

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