MATTER OF ARBITRATION BETWEEN BRANDON & NATIONWIDE INS.


97 N.Y.2d 491 (2002)

769 N.E.2d 810

743 N.Y.S.2d 53

In the Matter of the Arbitration between WILLIAM C. BRANDON, Respondent, and NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided April 30, 2002.


Attorney(s) appearing for the Case

Ryan & Smallacombe, PLLC, Albany (John F. Moore and Melissa J. Smallacombe of counsel), for appellant.

Finkelstein & Partners, Newburgh (George A. Kohl, 2nd, of counsel), for respondent.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

Chief Judge KAYE.

Insurance policies providing Supplementary Uninsured Motorists (SUM) coverage typically require the insured not only to submit a notice of claim but also to transmit promptly to the insurer the summons and complaint in any action the insured brings against a tortfeasor. In many contexts, including SUM coverage, an insured's failure to furnish timely notice of claim vitiates...

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