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DIXON v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

265 A.D.2d 914 (1999)

695 N.Y.S.2d 826

CAROL R. DIXON et al., Appellants, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

Decided October 1, 1999.

Order unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action to recover under the supplemental uninsured motorist (SUM) endorsement in their insurance policy issued by defendant. Plaintiff Carol R. Dixon was injured in an automobile accident on July 21, 1996, and plaintiffs gave notice to defendant on July 29, 1997 of their claim for benefits under the SUM endorsement. Defendant disclaimed coverage based on plaintiffs' failure to...

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