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IN THE MATTER OF CONTINENTAL INSURANCE COMPANY v. MARSHALL

12 A.D.3d 508 (2004)

784 N.Y.S.2d 608

In the Matter of CONTINENTAL INSURANCE COMPANY, Respondent, v. GENEVIEVE MARSHALL, Appellant.

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

November 15, 2004.

Ordered that the judgment is affirmed, with costs.

Where, as here, the insured is required to provide notice of an underinsurance claim "[a]s soon as practicable" (11 NYCRR 60-2.3 [f], condition 2), the triggering event is when the insured "knew or should reasonably have known" that the motorist involved in the accident was underinsured (Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, 93 N.Y.2d 487, 495 [1999...

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