MATTER OF LANCER INSURANCE COMPANY/TEACHERS' INSURANCE PLAN v. SCIANDRA


282 A.D.2d 535 (2001)

722 N.Y.S.2d 764

In the Matter of LANCER INSURANCE COMPANY/TEACHERS' INSURANCE PLAN, Respondent, v. PETER SCIANDRA, Appellant.

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

Decided April 9, 2001.


Ordered that the order is affirmed, with costs.

The appellant failed to comply with the provisions of the subject insurance policy requiring him to provide the petitioner with written notice of claim "[a]s soon as practicable," and with a copy of the summons and complaint in the underlying action "immediately" upon the commencement of that action. Since the satisfaction of each requirement constituted a condition precedent to proceeding to arbitration, the Supreme...

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