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IN THE MATTER OF NATIONWIDE MUTUAL INSURANCE COMPANY

25 A.D.3d 905 (2006)

808 N.Y.S.2d 797

In the Matter of the Arbitration between NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, and PENNY MACKEY, as Parent and Guardian of DEANNA DELANEY, et al., Respondents.

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

January 12, 2006.

Mugglin, J.

Petitioner argues that respondents failed to comply with a condition precedent to supplemental uninsured motorist (hereinafter SUM) coverage when they allegedly did not return a "Proof of Claim" form as soon as practicable. On June 8, 2003, 16-year-old respondent Deanna Delaney sustained serious injuries (including fractures requiring surgery) while a passenger in a vehicle that was involved in a single vehicle accident in Tennessee. Her mother, respondent...

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