Government Employees Insurance v. Elman

Appellate Division of the Supreme Court of New York

Government Employees Insurance v. Elman

40 A.D.2d 994, 338 N.Y.S.2d 666, 1972 N.Y. App. Div. LEXIS 3146

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

DecidedDecember 11, 1972

StatusPublished

Cited by17 cases

This text of 40 A.D.2d 994 (Government Employees Insurance v. Elman) 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

Government Employees Insurance v. Elman, 40 A.D.2d 994, 338 N.Y.S.2d 666, 1972 N.Y. App. Div. LEXIS 3146 (N.Y. Ct. App. 1972).

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Opinion

In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Kings County, dated April 12, 1972, which denied the application. Order reversed, on the law, without eosts, and application granted. We are of the opinion that, as a matter of law, respondent failed to give notification of the alleged hit- and-run accident to the police, as required in the “Indemnification Endorsement” in his automobile insurance policy, “ within 24 hours or as soon as reasonably possible.” He was allegedly injured by a hit-and-run vehicle on March 12, 1970. He did not report the accident to the police until April 10, 1970 — 29 days later. Admittedly, he visited his doctor on March 19, 1970 and again on March 27, 1970. The injuries consisted of a broken arm. This did not prevent him from notifying the police. Furthermore, his father resided with him, so that he could have utilized his services in informing the police of the occurrence. Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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In a proceeding to stay arbitration, petitioner appeals from an order of the Supreme Court, Kings County, dated April 12, 1972, which denied the application. Order reversed, on the law, without eosts, and application granted. We are of the opinion that, as a matter of law, respondent failed to give notification of the alleged hit- and-run accident to the police, as required in the “Indemnification Endorsement” in his automobile insurance policy, “ within 24 hours or as soon as reasonably possible.” He was allegedly injured by a hit-and-run vehicle on March 12, 1970. He did not report the accident to the police until April 10, 1970 — 29 days later. Admittedly, he visited his doctor on March 19, 1970 and again on March 27, 1970. The injuries consisted of a broken arm. This did not prevent him from notifying the police. Furthermore, his father resided with him, so that he could have utilized his services in informing the police of the occurrence. Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, 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)

American Insurance v. Fairchild Industries, Inc.

852 F. Supp. 1173 (E.D. New York, 1994)

American Home Assurance Company v. Republic Insurance Company and United National Insurance Company

984 F.2d 76 (Second Circuit, 1993)

United States Fire Insurance Co. v. Williams

166 A.D.2d 538 (Appellate Division of the Supreme Court of New York, 1990)

Olin Corp. v. Insurance Co. of North America

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

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Bluebook (online)

40 A.D.2d 994, 338 N.Y.S.2d 666, 1972 N.Y. App. Div. LEXIS 3146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-employees-insurance-v-elman-nyappdiv-1972.

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