Liberty Mutual Insurance v. Gallagher
Opinion of the Court
“Where, as here, an insured is required to provide notice of a claim as soon as practicable, such notice must be given within a reasonable time under all of the circumstances” (Matter of State Farm Mut. Auto. Ins. Co. v Bombace, 5 AD3d 782, 782 [2004]; see Security Mut. Ins. Co. of N.Y. v Acker-Fitzsimons Corp., 31 NY2d 436, 441 [1972]; Matter of State Farm Mut. Auto. Ins. Co. v Adams, 259 AD2d 551, 551-552 [1999]). “In the context of
Under the circumstances of this case, the appellant Raymond Gallagher failed to file written notice of his SUM claim as soon as practicable, as was required by his insurance policy, and he failed to sustain his burden of demonstrating due diligence or a reasonable excuse for the delay in ascertaining the alleged tortfeasor’s insurance status (see Matter of Continental Ins. Co. v Marshall, 12 AD3d 508, 508-509 [2004]; Matter of Nationwide Mut. Ins. Co. v DiGregorio, 294 AD2d 579, 580-581 [2002]; see also Matter of State Farm Mut. Auto Ins. Co. v Adams, 259 AD2d at 552). Accordingly, the Supreme Court properly granted the petition to permanently stay arbitration of the claim for SUM benefits.
The appellants’ remaining contentions either are without merit, or are not properly before this Court. Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.