MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY


288 A.D.2d 46 (2001)

732 N.Y.S.2d 220

In the Matter of the Arbitration between STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, and GIANNA FUCCIO, Appellant.

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

Decided November 8, 2001.


Arbitration was properly stayed since respondent did not comply with the condition precedent to coverage under the uninsured motorist endorsement requiring written notice of claim within 90 days or as soon as practicable from the date that she knew or should reasonably have known that the other driver was uninsured (cf., Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, 93 N.Y.2d 487, 497). The accident occurred in December...

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