In re the Arbitration between Allcity Insurance & Jimenez

Appellate Division of the Supreme Court of New York

In re the Arbitration between Allcity Insurance & Jimenez

170 A.D.2d 238, 565 N.Y.S.2d 115, 1991 N.Y. App. Div. LEXIS 1370

Appellate Division of the Supreme Court of the State of New York·Decided February 7, 1991·Published·Cited by 2 cases

Opinion

Order of the Supreme Court, New York County (Myriam J. Altman, J.), entered on or about March 22, 1990, granting petitioner insurer’s petition to permanently stay arbitration, unanimously affirmed, without costs.

Respondent’s failure to file a sworn statement as to a hit- and-run accident under the uninsured motorist endorsement of his insurance policy within 90 days of the happening of the accident vitiates coverage. (Eveready Ins. Co. v Saunders, 149 AD2d 456.) It would be contrary to law for us to ignore and render ineffective these clear and unambiguous notice requirements by adopting respondent’s claim that counsel’s unsworn letter constituted sufficient notice. (See Acorn Ponds v Hartford Ins. Co., 105 AD2d 723, 724.) Concur—Rosenberger, J. P., Wallach, Asch, Kassal and Smith, JJ.

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Order of the Supreme Court, New York County (Myriam J. Altman, J.), entered on or about March 22, 1990, granting petitioner insurer’s petition to permanently stay arbitration, unanimously affirmed, without costs.

Respondent’s failure to file a sworn statement as to a hit- and-run accident under the uninsured motorist endorsement of his insurance policy within 90 days of the happening of the accident vitiates coverage. (Eveready Ins. Co. v Saunders, 149 AD2d 456.) It would be contrary to law for us to ignore and render ineffective these clear and unambiguous notice requirements by adopting respondent’s claim that counsel’s unsworn letter constituted sufficient notice. (See Acorn Ponds v Hartford Ins. Co., 105 AD2d 723, 724.) Concur—Rosenberger, J. P., Wallach, Asch, Kassal and Smith, JJ.

In re the Arbitration between Allcity Insurance & Jimenez, 170 A.D.2d 238, 565 N.Y.S.2d 115, 1991 N.Y. App. Div. LEXIS 1370 (N.Y. Ct. App. 1991).

Pincite

170 A.D.2d 238 (In re the Arbitration between Allcity Insurance & Jimenez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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