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MATTER OF EAGLE INSURANCE COMPANY v. GARCIA

280 A.D.2d 476 (2001)

720 N.Y.S.2d 172

In the Matter of EAGLE INSURANCE COMPANY, Appellant, v. MARIA GARCIA et al., Respondents.

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

Decided February 5, 2001.

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

"An insured must give notice to his or her [insurance carrier] within the time limit provided in the insurance policy or within a reasonable time under all the circumstances. Absent a valid excuse, failure to satisfy the notice requirement in an insurance policy vitiates coverage...

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