MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. BENNETT


289 A.D.2d 496 (2001)

734 N.Y.S.2d 637

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. ANDRINE V. BENNETT, Respondent.

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

Decided December 24, 2001.


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

On September 14, 1995, the respondent was involved in the motor vehicle accident at issue. However, he did not notify his insurer, the petitioner, of his underinsured motorist claim until July 18, 1997, some 22 months later. We agree with the petitioner that the respondent did not give notice of his underinsured motorist claim "[a]s soon as practicable...

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