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MATTER OF EVEREADY INSURANCE COMPANY v. MESIC

37 A.D.3d 602 (2007)

831 N.Y.S.2d 426

In the Matter of EVEREADY INSURANCE COMPANY, Appellant, v. MARIN MESIC, Respondent.

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

Decided February 13, 2007.

Ordered that the judgment is reversed, on the law, with costs, and the petition to permanently stay arbitration is granted.

The respondent's failure to file a sworn statement with the petitioner after the alleged hit-and-run accident in accordance with the condition precedent of the supplemental uninsured motorist endorsement of his insurance policy, vitiated coverage (see Matter of Empire Ins. Co. v Dorsainvil, 5 A.D.3d 480

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