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MATTER OF MERCHANTS MUTUAL INSURANCE COMPANY v. FALISI

293 A.D.2d 678 (2002)

741 N.Y.S.2d 273

In the Matter of MERCHANTS MUTUAL INSURANCE COMPANY, Respondent, v. SALVATORE FALISI et al., Appellants.

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

Decided April 22, 2002.

Ordered that the judgment is affirmed, with costs.

The appellant insureds correctly argue that their supplementary uninsured motorist (hereinafter SUM) arbitration claim cannot be stayed because they violated a policy provision requiring prompt notice of the legal action they commenced against the driver of the allegedly offending vehicle. Their insurer, the petitioner Merchants Mutual Insurance Co. (hereinafter Merchants...

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