MATTER OF TRI-STATE CONSUMER INSURANCE COMPANY v. FURBOTER

2009-04405

71 A.D.3d 682 (2010)

896 N.Y.S.2d 130

In the Matter of TRI-STATE CONSUMER INSURANCE COMPANY, Appellant, v. DANIEL FURBOTER, Respondent.

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

Decided March 2, 2010.


Ordered that the order is affirmed, with costs.

Contrary to the petitioner's contention, the Supreme Court properly denied its petition to permanently stay the arbitration of the respondent's underinsured motorist benefits claim on the ground of late notice. In determining whether notice was given in a timely fashion, the court must consider the particular circumstances of the case, including, inter alia, the latency, nature...

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