Allstate Insurance v. Kashkin

Appellate Division of the Supreme Court of New York

Allstate Insurance v. Kashkin

130 A.D.2d 744, 516 N.Y.S.2d 43, 1987 N.Y. App. Div. LEXIS 46756

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 26, 1987

StatusPublished

Cited by13 cases

This text of 130 A.D.2d 744 (Allstate Insurance v. Kashkin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allstate Insurance v. Kashkin, 130 A.D.2d 744, 516 N.Y.S.2d 43, 1987 N.Y. App. Div. LEXIS 46756 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from a judgment of the Supreme Court, Rockland County (Meehan, J.), dated September 16, 1986 which, after a hearing, granted the application.

Ordered that the judgment is affirmed, with costs.

The appellant’s decedent was the victim of a hit-and-run accident on April 19, 1985. The court found, based upon the [745]*745evidence adduced at the hearing, that oral notification was provided to the respondent, Allstate Insurance Company, on September 10 or 12, 1985, and written notice was mailed on November 5, 1985. The insurance policy required that written notice be provided within 90 days. Thus, the court held that timely notice had not been provided. We agree.

An insured must give notice to his or her insurer within the time limit provided in the insurance policy or within a reasonable time under all the circumstances (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 NY2d 436; Insurance Law § 3420). Absent a valid excuse, failure to satisfy the notice requirement in an insurance policy vitiates coverage (Security Mut. Ins. Co. v Acker-Fitzsimons Corp., supra; State Farm Mut. Auto Ins. Co. v Romero, 109 AD2d 786).

In this case, the appellant failed to establish a valid excuse for the failure to comply with the notice requirements of the policy in question, and the application to permanently stay arbitration was, therefore, properly granted. Mangano, J. P., Bracken, Lawrence and Kooper, JJ., concur.

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In a proceeding pursuant to CPLR article 75 to stay arbitration, the appeal is from a judgment of the Supreme Court, Rockland County (Meehan, J.), dated September 16, 1986 which, after a hearing, granted the application.

Ordered that the judgment is affirmed, with costs.

The appellant’s decedent was the victim of a hit-and-run accident on April 19, 1985. The court found, based upon the [745]*745evidence adduced at the hearing, that oral notification was provided to the respondent, Allstate Insurance Company, on September 10 or 12, 1985, and written notice was mailed on November 5, 1985. The insurance policy required that written notice be provided within 90 days. Thus, the court held that timely notice had not been provided. We agree.

An insured must give notice to his or her insurer within the time limit provided in the insurance policy or within a reasonable time under all the circumstances (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 NY2d 436; Insurance Law § 3420). Absent a valid excuse, failure to satisfy the notice requirement in an insurance policy vitiates coverage (Security Mut. Ins. Co. v Acker-Fitzsimons Corp., supra; State Farm Mut. Auto Ins. Co. v Romero, 109 AD2d 786).

In this case, the appellant failed to establish a valid excuse for the failure to comply with the notice requirements of the policy in question, and the application to permanently stay arbitration was, therefore, properly granted. Mangano, J. P., Bracken, Lawrence and Kooper, JJ., concur.

State of New York v. Walter T. Blank and Abalene Pest Control Service, Inc., and Orkin Exterminating Company, Inc., Walter T. Blank and Abalene Pest Control Service, Inc., Third-Party v. New York State Department of Environmental Conservation, New England Marine Contractors, Inc., Third-Party National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Capital Mutual Insurance Co., Third-Party Capital Mutual Insurance Co., Fourth-Party Plaintiff-Appellee-Cross-Appellant v. New York Mutual Underwriters, Commercial Mutual Insurance Company, Formerly Known as Cooperative Fire Insurance Company of Catskill, New York, Security Mutual Fire Insurance Company, and Sterling Insurance Company, Fourth-Party Defendants-Appellants-Cross-Appellees

27 F.3d 783 (Second Circuit, 1994)

New York v. Blank

27 F.3d 783 (Second Circuit, 1994)

Nova Casualty Co. v. Helmstadt

204 A.D.2d 330 (Appellate Division of the Supreme Court of New York, 1994)

Progressive Casualty Insurance v. Jackson

151 Misc. 2d 479 (New York Supreme Court, 1991)

Olin Corp. v. Insurance Co. of North America

743 F. Supp. 1044 (S.D. New York, 1990)

Merchants Mutual Insurance v. Hurban

160 A.D.2d 873 (Appellate Division of the Supreme Court of New York, 1990)

Eveready Insurance v. Saunders

149 A.D.2d 456 (Appellate Division of the Supreme Court of New York, 1989)

Reliance Insurance v. Garsart Building Corp.

131 A.D.2d 828 (Appellate Division of the Supreme Court of New York, 1987)

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130 A.D.2d 744, 516 N.Y.S.2d 43, 1987 N.Y. App. Div. LEXIS 46756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-kashkin-nyappdiv-1987.

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