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REKEMEYER v. STATE FARM INS.

4 N.Y.3d 468 (2005)

828 N.E.2d 970

796 N.Y.S.2d 13

CYNTHIA A. REKEMEYER, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Court of Appeals of the State of New York.

Decided April 5, 2005.

Attorney(s) appearing for the Case

Brennan, Rehfuss & Liguori, P.C., Albany (Joseph M. Brennan of counsel), for appellant.

Goldberg Segalla LLP, Buffalo (Daniel W. Gerber, Thomas F. Segalla and Matthew S. Lerner of counsel), for respondent.

Hiscock & Barclay, LLP, Albany (Mark W. Blanchfield of counsel), for New York Insurance Association, Inc., amicus curiae.

Rivkin Radler LLP, Uniondale (Evan H. Krinick and Alan C. Eagle of counsel), and Wiley Rein & Fielding LLP, Washington, D.C. (Laura A. Foggan and John C. Yang of counsel), for Complex Insurance Claims Litigation Association, amicus curiae.

Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur; Chief Judge KAYE taking no part.

OPINION OF THE COURT

G.B. SMITH, J.

This is a declaratory judgment action in which plaintiff seeks a declaration that she is entitled to payment under the supplementary uninsured/underinsured motorists (SUM) provision of her insurance contract. The insurance carrier disclaimed on the ground that written notice of the SUM claim was not given as soon as practicable and that a copy of the summons and complaint...

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