MATTER OF USAA CASUALTY INSURANCE COMPANY


261 A.D.2d 275 (1999)

690 N.Y.S.2d 269

In the Matter of the Arbitration between USAA CASUALTY INSURANCE COMPANY, Respondent, and MARLENE KAUFMAN, Appellant.

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

Decided May 20, 1999.


Respondent's argument that petitioner's disclaimer of underinsured coverage was untimely is improperly raised for the first time on appeal, and her argument that petitioner should be estopped from denying underinsured coverage is without merit. Respondent did not notify petitioner that she had been injured by an automobile and had commenced an action against the driver thereof until three days after she settled such action for the full amount of the driver's policy and gave...

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