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MATTER OF INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY v. CALLENDER

288 A.D.2d 474 (2001)

732 N.Y.S.2d 906

In the Matter of INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, Appellant, v. HENRY CALLENDER, Respondent. EDMUND KINGSTON et al., Proposed Additional Respondents; PROGRESSIVE INSURANCE COMPANY, Proposed Additional Respondent.

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

Decided November 26, 2001.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is granted, and the arbitration is permanently stayed.

The Supreme Court should have granted the petition to stay arbitration of the uninsured motorist claim. Henry Callender failed to provide the petitioner with notice of his uninsured motorist claim as soon as practicable, as required by his insurance policy (see, Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso...

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