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Hartford Insurance v. Gamiel
34 A.D.3d 244
| N.Y. App. Div. | 2006
|
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Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered August 5, 2005, which granted the petition to permanently stay arbitration, unanimously affirmed, without costs.

Respondent’s notice of her claim for supplementary uninsured/underinsured motorists (SUM) benefits under the SUM coverage she purchased (see Insurance Law § 3420 [f] [2]), provided to petitioner insurer at least 16 months after respondent’s receipt of notice that the tortfeasor’s insurer was insolvent and in liquidation was not provided “as soon as practicable,” as required by the policy, and was untimely as a matter of law (see Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 NY3d 742, 743 [2005]; Rekemeyer v State Farm Mut. Auto. Ins. Co., 4 NY3d 468, 474 [2005]). Concur—Buckley, EJ., Tom, Mazzarelli, Saxe and McGuire, JJ.

Case Details

Case Name: Hartford Insurance v. Gamiel
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 9, 2006
Citation: 34 A.D.3d 244
Court Abbreviation: N.Y. App. Div.
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