In re the Arbitration between Nationwide Mutual Insurance & Steber
Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the petition seeking a permanent stay of arbitration of respondents’ supplemental uninsured motorist (SUM) claim. Petitioner supported its application with proof that respondents waited 30 months after the accident to
Furthermore, although the insured, respondent Robert E. Steber, contacted petitioner several days after the accident, he did not notify petitioner that a claim would be made under the SUM endorsement of his policy. Petitioner’s actual notice of the accident does not vitiate the requirement that respondents provide timely notice of their claim (see, Dixon v New York Cent. Mut. Fire Ins. Co., 265 AD2d 914). (Appeal from Judgment of Supreme Court, Onondaga County, Nicholson, J.— Arbitration.) Present — Hayes, J. P., Wisner, Hurlbutt, Scudder and Kehoe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.