Majority
p. 979In the Matter of the Arbitration between Nationwide Mutual Insurance Company, Appellant, and Barbara A. Fennimore, Respondent. [610 NYS2d 897]
Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied petitioner’s application to stay arbitration of respondent’s claim for underinsurance benefits. Respondent was required to assert her claim "within 90 days or as soon as practicable”; that requirement "called for a determination of what was within a reasonable time in the light of the facts and circumstances of the case at hand” (Mighty Midgets v Centennial Ins. Co., 47 NY2d 12 , 19). Respondent offered a reasonable excuse for her delay in asserting the claim for coverage (cf., Schiebel v Nationwide Mut. Ins. Co., 166 AD2d 520 ) and showed that she exercised due diligence in ascertaining the policy limits of the vehicles involved in the collision
p. 980
(see, Matter of Nationwide Mut. Ins. Co. v Edgerson, 195 AD2d 560 ). (Appeal from judgment of Supreme Court, Nassau County, O’Brien, J. — Arbitration.) Present — Denman, P. J., Green, Balio, Fallon and Davis, JJ.
Cases cited
- Mighty Midgets, Inc. v. Centennial Insurance 47 NY2d 12 at 19 p. 979
- Schiebel v. Nationwide Mutual Insurance Co. 166 AD2d 520 p. 979
- Nationwide Mutual Insurance v. Edgerson 195 AD2d 560 p. 980