MURPHY v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY


307 A.D.2d 689 (2003)

763 N.Y.S.2d 177

BARBARA MURPHY, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

Decided July 31, 2003.


Lahtinen, J.

The issue in the current appeal is whether plaintiff provided timely notice to defendant of a claim under her supplementary uninsured motorist (hereinafter SUM) coverage. Plaintiff's accident occurred in June 1998 and she first notified defendant, her insurance carrier, of a SUM claim in September 1999. Defendant disclaimed coverage upon the ground that it had not been given notice "as soon as practicable" and, following a settlement of the action against...

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