MATTER OF FIREMAN'S INSURANCE COMPANY OF NEWARK, N.J. v. SORTO


303 A.D.2d 502 (2003)

756 N.Y.S.2d 436

In the Matter of FIREMAN'S INSURANCE COMPANY OF NEWARK, N.J., Appellant, v. JOSE SORTO, Respondent, et al., Proposed Additional Respondents.

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

Decided March 10, 2003.


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

The petitioner disclaimed coverage based on the respondent's failure to provide a timely notice of claim. The petitioner's attorney averred that the respondent first gave notice of an uninsured motorist claim by means of a letter in early April 2001, six months after the subject loss. In opposition to the petition, the respondent submitted...

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