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MATTER OF BLUE RIDGE INSURANCE COMPANY v. COOK

301 A.D.2d 598 (2003)

754 N.Y.S.2d 41

In the Matter of BLUE RIDGE INSURANCE COMPANY, Respondent, v. LEONA COOK, Appellant.

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

Decided January 21, 2003.

Ordered that the order is modified by (1) deleting the provision thereof granting the petition to permanently stay arbitration on the ground that the insured failed to provide timely notice of her claim for supplemental underinsured motorist benefits, and substituting therefor a provision granting the petition to the extent of directing a hearing on the issue of whether the insured's notice of her claim for supplemental underinsured...

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