MATTER OF NATIONWIDE MUTUAL INSURANCE COMPANY v. WEXLER


276 A.D.2d 490 (2000)

713 N.Y.S.2d 878

In the Matter of NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent, v. SHERYL B. WEXLER, Appellant.

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

Decided October 2, 2000.


Ordered that the order is affirmed, with costs.

The appellant was involved in an automobile accident in December 1996. Shortly after the accident she filed a claim for "no-fault benefits" with the petitioner. In February 1997 she commenced an action against the owner and driver of the other vehicle involved in the collision. The appellant, however, did not notify the petitioner, her insurance company, of her intent to file a claim for underinsured motorist benefits...

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