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MATTER OF NATIONWIDE INSURANCE COMPANY v. MONTOPOLI

262 A.D.2d 647 (1999)

692 N.Y.S.2d 459

In the Matter of NATIONWIDE INSURANCE COMPANY, Respondent, v. WILLIAM MONTOPOLI, Appellant.

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

Decided June 28, 1999.

Ordered that the order is affirmed, with costs.

The relevant provision of the subject insurance policy required that the appellant, William Montopoli, give notice of the claim to the petitioner "within 90 days or as soon as practicable". The appellant was required to give notice within 90 days or as soon as practicable from the date he knew or should have known that the tortfeasor was underinsured (see, Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso...

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