Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the petition is denied, and the proceeding is dismissed.
The petitioner received notice of the subject uninsured motorist claim in October 2003, and reserved its right at such time to secure the appellant's statement under oath and to have the appellant submit to a physical examination. A period of 17 months elapsed between the time of the petitioner's receipt of the appellant...
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