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MATTER OF EAGLE INSURANCE COMPANY v. BERNARDINE

266 A.D.2d 543 (1999)

699 N.Y.S.2d 85

In the Matter of EAGLE INSURANCE COMPANY, Appellant, v. JOYCE BERNARDINE, Respondent, and TERENCE L. LEGREE et al., Additional Respondents.

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

Decided November 29, 1999.

Ordered that the order is reversed, with costs payable by the respondent, the petition is granted, and the arbitration is permanently stayed.

The relevant provision of the subject insurance policy required that the respondent, Joyce Bernardine, give notice of an uninsured motorist claim "as soon as practicable". The respondent was required to give notice as soon as practicable from the date she knew or should have known that the tortfeasor was uninsured (see, Matter...

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