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MATTER OF PROGRESSIVE NORTHEASTERN INS. CO. v. McBRIDE

65 A.D.3d 632 (2009)

884 N.Y.S.2d 167

In the Matter of PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Appellant, v. CHARLES McBRIDE, Respondent, et al., Additional Respondents.

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

Decided August 18, 2009.

Ordered that the judgment is affirmed, with costs.

In the context of supplementary uninsured/underinsured motorist (hereinafter SUM) claims, it is the claimant's burden to prove timeliness of notice, which is measured by the date the claimant knew or should have known that the tortfeasor was underinsured (see Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, 93 N.Y.2d 487

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