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METRO PROP INS CO v. MANCUSO

93 N.Y.2d 487 (1999)

715 N.E.2d 107

693 N.Y.S.2d 81

In the Matter of METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Respondent, v. DOMINIC MANCUSO, Appellant. In the Matter of the Arbitration between NATIONWIDE INSURANCE COMPANY, Respondent, and LUIGI DIGIOACCHINO, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1999.

Attorney(s) appearing for the Case

Krakower, Kashkin & Goldman, New York City (Steve S. Efron of counsel), for appellant in the first above-entitled proceeding.

Henderson & Brennan, White Plains (John T. Brennan of counsel), for respondent in the first above-entitled proceeding.

Grasso, Rodriguez, Grasso & Zyra, Schenectady (Lawrence J. Zyra of counsel), for appellant in the second above-entitled proceeding.

Ryan, Orlando & Smallacombe, L. L. P., Albany (Melissa J. Smallacombe and John F. Moore of counsel), for respondent in the second above-entitled proceeding.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

OPINION OF THE COURT

ROSENBLATT, J.

In this combined opinion we interpret the notice of claim conditions for supplementary underinsured motorist insurance coverage—known colloquially as "underinsurance"—in two automobile insurance policies. In both cases, the insurance carrier disclaimed coverage, asserting that the policyholders did not furnish timely notice of the claim.

The DiGioacchino/Nationwide Claim

Luigi...

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