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eBook details

• Title: Christopher Schiebel v. Nationwide Mutual Insurance Company
• Author : Supreme Court of New York
• Release Date : January 09, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

DECISION & ORDER On June 30, 1986, plaintiff's son, Brian Schiebel, a minor, was struck and injured by an automobile
driven by Robert Chafer and owned by Delores Chafer while riding a bicycle. On July 9, 1986 the plaintiff's attorney notified
the Chafer's insurer, Allstate Insurance Co., of their claim for damages and, more than six months later, on January 28, 1987,
the plaintiff's attorney learned that the offending vehicle's liability insurance coverage was limited to $10,000 per person,
and $20,000 per incident. This information was confirmed by letter from Allstate on February 12, 1987. Thereafter on February
25, 1987, the plaintiff's attorney informed the defendant insurer, Nationwide Mutual Insurance Co., that he was claiming underinsurance
coverage pursuant to his policy. The defendant argues that the notice was untimely, as it was given more than six months after
the accident, i.e., more than three months beyond the 90-day period provided in the policy. We agree. As we have recently stated, an insured must give notice to his or her insurer within the time limit provided in the policy
or within a reasonable time under all the circumstances (see, Matter of Merchants Mut. Ins. Co. v. Hurban, A.D.2d [2d
Dept., Apr. 16, 1990]; see also, Security Mut. Ins. Co. of N.Y. v. Acker Fitzsimons Corp., 31 N.Y.2d 436; Eveready Ins. Co.
v. Saunders, 149 A.D.2d 456). Where, as here the claimant offers no valid excuse for the more than seven-month delay in asserting
the claim for coverage, the plaintiff's notice was untimely as a matter of law, and the failure vitiates coverage (see, Security
Mut. Ins. Co. of N.Y. v. Acker-Fitzsimons Corp., supra; Matter of Nassau Ins. Co. v. Doyle, 114 A.D.2d 899).

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