In re the Arbitration between Nationwide Mutual Insurance & Fennimore

Appellate Division of the Supreme Court of New York

In re the Arbitration between Nationwide Mutual Insurance & Fennimore

201 A.D.2d 979, 610 N.Y.S.2d 897, 1994 N.Y. App. Div. LEXIS 1629

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1994·Published·Cited by 3 cases

Opinion

Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied petitioner’s application to stay arbitration of respondent’s claim for underinsurance benefits. Respondent was required to assert her claim "within 90 days or as soon as practicable”; that requirement "called for a determination of what was within a reasonable time in the light of the facts and circumstances of the case at hand” (Mighty Midgets v Centennial Ins. Co., 47 NY2d 12, 19). Respondent offered a reasonable excuse for her delay in asserting the claim for coverage (cf., Schiebel v Nationwide Mut. Ins. Co., 166 AD2d 520) and showed that she exercised due diligence in ascertaining the policy limits of the vehicles involved in the collision [980]*980(see, Matter of Nationwide Mut. Ins. Co. v Edgerson, 195 AD2d 560). (Appeal from judgment of Supreme Court, Nassau County, O’Brien, J. — Arbitration.) Present — Denman, P. J., Green, Balio, Fallon and Davis, JJ.

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Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied petitioner’s application to stay arbitration of respondent’s claim for underinsurance benefits. Respondent was required to assert her claim "within 90 days or as soon as practicable”; that requirement "called for a determination of what was within a reasonable time in the light of the facts and circumstances of the case at hand” (Mighty Midgets v Centennial Ins. Co., 47 NY2d 12, 19). Respondent offered a reasonable excuse for her delay in asserting the claim for coverage (cf., Schiebel v Nationwide Mut. Ins. Co., 166 AD2d 520) and showed that she exercised due diligence in ascertaining the policy limits of the vehicles involved in the collision [980]*980(see, Matter of Nationwide Mut. Ins. Co. v Edgerson, 195 AD2d 560). (Appeal from judgment of Supreme Court, Nassau County, O’Brien, J. — Arbitration.) Present — Denman, P. J., Green, Balio, Fallon and Davis, JJ.

In re the Arbitration between Nationwide Mutual Insurance & Fennimore, 201 A.D.2d 979, 610 N.Y.S.2d 897, 1994 N.Y. App. Div. LEXIS 1629 (N.Y. Ct. App. 1994).

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Opinion

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