Government Employees Insurance v. Snell

Appellate Division of the Supreme Court of New York

Government Employees Insurance v. Snell

286 A.D.2d 682, 729 N.Y.S.2d 779, 2001 N.Y. App. Div. LEXIS 8445

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

DecidedSeptember 10, 2001

StatusPublished

Cited by4 cases

This text of 286 A.D.2d 682 (Government Employees Insurance v. Snell) 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. Snell, 286 A.D.2d 682, 729 N.Y.S.2d 779, 2001 N.Y. App. Div. LEXIS 8445 (N.Y. Ct. App. 2001).

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Opinion

—In a proceeding pursuant to CPLR 7503 to stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Adams, J.), dated August 17, 2000, which granted the petition.

[683]*683Ordered that the order is affirmed, with costs.

Since the appellant failed to report the alleged hit-and-run accident to the police within 24 hours or as soon as reasonably possible as required by the policy at issue, she is precluded from recovering the policy’s uninsured motorist benefits (see, Matter of State Farm Mut. Ins. Co. v Genao, 210 AD2d 340; Matter of United States Fire Ins. Co. v Williams, 166 AD2d 538). Moreover, contrary to the appellant’s contention, the petitioner timely disclaimed coverage upon first learning of the ground for such disclaimer (see, Matter of Allcity Ins. Co. [Jimenez], 78 NY2d 1054; Matter of Legion Ins. Co. v Estevez, 281 AD2d 420). Santucci, J. P., S. Miller, Luciano and Feuerstein, JJ., concur.

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—In a proceeding pursuant to CPLR 7503 to stay arbitration of an uninsured motorist claim, the appeal is from an order of the Supreme Court, Nassau County (Adams, J.), dated August 17, 2000, which granted the petition.

[683]*683Ordered that the order is affirmed, with costs.

Since the appellant failed to report the alleged hit-and-run accident to the police within 24 hours or as soon as reasonably possible as required by the policy at issue, she is precluded from recovering the policy’s uninsured motorist benefits (see, Matter of State Farm Mut. Ins. Co. v Genao, 210 AD2d 340; Matter of United States Fire Ins. Co. v Williams, 166 AD2d 538). Moreover, contrary to the appellant’s contention, the petitioner timely disclaimed coverage upon first learning of the ground for such disclaimer (see, Matter of Allcity Ins. Co. [Jimenez], 78 NY2d 1054; Matter of Legion Ins. Co. v Estevez, 281 AD2d 420). Santucci, J. P., S. Miller, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

286 A.D.2d 682, 729 N.Y.S.2d 779, 2001 N.Y. App. Div. LEXIS 8445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-employees-insurance-v-snell-nyappdiv-2001.

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