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MATTER OF LIBERTY MUTUAL INSURANCE COMPANY v. RAPISARDA

43 A.D.3d 1062 (2007)

841 N.Y.S.2d 465

In the Matter of LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. GIOVANNI P. RAPISARDA, Appellant.

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

Decided September 18, 2007.

Ordered that the order is affirmed, with costs.

The appellant failed to provide the petitioner with notice of his underinsured motorist claim as soon as practicable as required by the insurance policy. Under the circumstances, the court providently exercised its discretion in granting the petition (see Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, 93 N.Y.2d 487, 495 [1999]; Matter of State Farm Mut. Auto...

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