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

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

DecidedFebruary 4, 1994

StatusPublished

Cited by3 cases

This text of 201 A.D.2d 979 (In re the Arbitration between Nationwide Mutual Insurance & Fennimore) 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.

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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

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.

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201 A.D.2d 979, 610 N.Y.S.2d 897, 1994 N.Y. App. Div. LEXIS 1629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-nationwide-mutual-insurance-fennimore-nyappdiv-1994.

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