Home/Appellate Division of the Supreme Court of New York/New York Central Mutual Fire Insurance v. Ljekocevic

New York Central Mutual Fire Insurance v. Ljekocevic

48 A.D.3d 469, 849 N.Y.S.2d 805
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 5, 2008
StatusPublished

This text of 48 A.D.3d 469 (New York Central Mutual Fire Insurance v. Ljekocevic) 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
New York Central Mutual Fire Insurance v. Ljekocevic, 48 A.D.3d 469, 849 N.Y.S.2d 805 (N.Y. Ct. App. 2008).

Opinion

In a proceeding pursuant to CPLR article 75 to stay arbitration of an underinsured motorist claim, the appeal is from an order of the Supreme Court, Dutchess County (Sproat, J.), dated November 22, 2006, which granted the petition.

Ordered that the order is affirmed, with costs.

The appellant violated the terms of his insurance policy by failing to provide his notice of claim for underinsurance benefits “as soon as practicable” (Rekemeyer v State Farm Mut. Auto. Ins. Co., 4 NY3d 468, 474 [2005]; see Matter of Metropolitan Prop. & Cas. Ins. Co. v Mancuso, 93 NY2d 487, 495 [1999]; Matter of Continental Ins. Co. v Marshall, 12 AD3d 508 [2004]; Matter of Interboro Mut. Indem. Ins. Co. v Brown, 300 AD2d 660 [2002]; Matter of Nationwide Mut. Ins. Co. v DiGregorio, 294 AD2d 579 [2002]).

Accordingly, the Supreme Court properly granted the petition and permanently stayed arbitration. Spolzino, J.P., Florio, Miller and Dickerson, JJ., concur.

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Related

Rekemeyer v. State Farm Mutual Automobile Insurance
828 N.E.2d 970 (New York Court of Appeals, 2005)
Metropolitan Property & Casualty Insurance v. Mancuso
715 N.E.2d 107 (New York Court of Appeals, 1999)
Continental Insurance v. Marshall
12 A.D.3d 508 (Appellate Division of the Supreme Court of New York, 2004)
Nationwide Mutual Insurance v. DiGregorio
294 A.D.2d 579 (Appellate Division of the Supreme Court of New York, 2002)
Interboro Mutual Indemnity Insurance v. Brown
300 A.D.2d 660 (Appellate Division of the Supreme Court of New York, 2002)

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Bluebook (online)
48 A.D.3d 469, 849 N.Y.S.2d 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-central-mutual-fire-insurance-v-ljekocevic-nyappdiv-2008.