Colonial Penn Insurance v. Moreira

Appellate Division of the Supreme Court of New York

Colonial Penn Insurance v. Moreira

237 A.D.2d 601, 655 N.Y.S.2d 607, 1997 N.Y. App. Div. LEXIS 3045

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

DecidedMarch 31, 1997

StatusPublished

This text of 237 A.D.2d 601 (Colonial Penn Insurance v. Moreira) 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.

Bluebook

Colonial Penn Insurance v. Moreira, 237 A.D.2d 601, 655 N.Y.S.2d 607, 1997 N.Y. App. Div. LEXIS 3045 (N.Y. Ct. App. 1997).

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Opinion

In an proceeding pursuant to CPLR 7503 to stay arbitration of an uninsured motorist claim, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Trainor, R.), dated October 16, 1995, which, after a hearing, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The respondent was allegedly hit by a motorcycle on Friday, May 20,1994, treated in a hospital for approximately six hours, and released. The motorcycle left the scene and cannot be identified. The respondent testified that during the weekend which followed the accident, she required assistance from her husband and was unable to "get up alone”. On Monday, May 23, 1994, the respondent "felt a little bit better” and, assisted [602]*602by her husband, travelled to the 43rd Precinct, where she reported the accident to the police. The uninsured motorist endorsement of the insurance policy pursuant to which the respondent filed a demand for arbitration required that the insured or someone on his behalf "shall have reported the accident within 24 hours or as soon as reasonably possible to a police * * * officer”. Under the circumstances, we conclude that the report was made within a reasonable time (see, Matter of Empire Mut. Ins. Co. [Samya], 99 AD2d 973). Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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In an proceeding pursuant to CPLR 7503 to stay arbitration of an uninsured motorist claim, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Trainor, R.), dated October 16, 1995, which, after a hearing, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The respondent was allegedly hit by a motorcycle on Friday, May 20,1994, treated in a hospital for approximately six hours, and released. The motorcycle left the scene and cannot be identified. The respondent testified that during the weekend which followed the accident, she required assistance from her husband and was unable to "get up alone”. On Monday, May 23, 1994, the respondent "felt a little bit better” and, assisted [602]*602by her husband, travelled to the 43rd Precinct, where she reported the accident to the police. The uninsured motorist endorsement of the insurance policy pursuant to which the respondent filed a demand for arbitration required that the insured or someone on his behalf "shall have reported the accident within 24 hours or as soon as reasonably possible to a police * * * officer”. Under the circumstances, we conclude that the report was made within a reasonable time (see, Matter of Empire Mut. Ins. Co. [Samya], 99 AD2d 973). Mangano, P. J., Ritter, Sullivan, Altman and McGinity, JJ., concur.

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Bluebook (online)

237 A.D.2d 601, 655 N.Y.S.2d 607, 1997 N.Y. App. Div. LEXIS 3045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colonial-penn-insurance-v-moreira-nyappdiv-1997.

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