MATTER OF ZURICH PERSONAL INSURANCE v. SACKETT


268 A.D.2d 484 (2000)

701 N.Y.S.2d 914

In the Matter of ZURICH PERSONAL INSURANCE, Appellant, v. JENNIFER SACKETT, Respondent.

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

Decided January 18, 2000.


Ordered that the order is reversed, on the law, with costs, the petition is granted, and the arbitration is permanently stayed.

Contrary to the conclusion reached by the Supreme Court, the petitioner was not required to provide a timely notice of disclaimer of coverage. Pursuant to the clear and unambiguous language of the policy endorsement, uninsured motorist coverage did not extend to the respondent. The policy language expressed a lack of coverage for which no...

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