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DIPALMA v. EVEREADY INSURANCE COMPANY

304 A.D.2d 520 (2003)

756 N.Y.S.2d 879

MARK DIPALMA, Respondent, v. EVEREADY INSURANCE COMPANY, Appellant.

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

Decided April 7, 2003.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant is required to provide the plaintiff with underinsured motorist coverage.

Under the circumstances of this case, the Supreme Court correctly determined that the plaintiff provided the defendant with timely notice of his claim for underinsured motorist coverage...

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