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LOBIANCO v. HARLEYSVILLE INS. CO.

847 A.2d 584 (2003)

368 N.J. Super. 515

Philip LOBIANCO, Plaintiff, v. HARLEYSVILLE INSURANCE COMPANY, Defendant.

Superior Court of New Jersey, Law Division.

Appeal Dismissed April 7, 2004.

Attorney(s) appearing for the Case

Dennis S. Brotman, Trenton, argued The cause for plaintiff (Brotman, Graziano & Hubert, attorneys; Mr. Brotman, on the brief).

Kelly R. Dalmass argued The cause for defendant (Borrelle, Search, Dalmass, Little & Bigley; attorneys for defendant; Mr. (or Ms.?) Dalmass, on the brief).

OSTRER, J.S.C.

Plaintiff, Philip LoBianco, moves to confirm an arbitration panel's award of uninsured motorist benefits. His insurer, defendant Harleysville Insurance Company (Harleysville), did not strictly comply with the policy's notice requirements for exercising its contractual right to a trial de novo on the issue of damages. Substantial compliance by the insurer does not suffice, nor is the failure of notice excused because

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