[Download] "Motor Vehicle Accident Indemnification Corporation v. United States Liability Insurance Company" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Motor Vehicle Accident Indemnification Corporation v. United States Liability Insurance Company
- Author : Supreme Court of New York
- Release Date : January 29, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
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[33 A.D.2d 902 Page 902] The delay by the two injured women passengers in giving notice to the defendant carrier of the accident involving its insured
was not unreasonable in the circumstances. The notices were given as soon as was practicable. The defendant received notice
on behalf of Miss Solis four months and six days after the accident of July 28, 1962. In the meantime, however, she had been
confined to the hospital until August 24; a long leg cast was not removed from her left leg until October 11, and she had
been informed after the accident by the operator of the automobile that there was no insurance and to do nothing. Miss Solis,
nevertheless, a factory worker who spoke English haltingly, consulted and retained an attorney at her home on October 9, 1962.
The attorney proceeded to prosecute what he was advised was an uninsured motorist action. The police report of the accident
which he procured disclosed that the accident involved but one automobile which had swerved and turned over. Despite the information
that the vehicle was uninsured, the attorney on October 22 sought an insurance check from the Motor Vehicle Department in
Albany. The latter by envelope dated November 30, 1962 replied that the defendant had existing coverage for the vehicle involved
and defendant was notified immediately of the claim against its insured. Thus, within a period of less than two months from
the date of the retainer, the attorney had discovered, identified and notified the defendant insurance carrier. The notice
given by Miss Solis was timely (Lauritano v. American Fid. Fire Ins. Co., 3 A.D.2d 564, affd. 4 N.Y.2d 1028; Aetna Ins. Co.
v. Millard, 25 A.D.2d 341; Scala v. Scala, 19 A.D.2d 559). While the defendant did not receive notice of the Quinones claim
until a year and a half after the accident, the prior notice by Solis was applicable to the claimant Quinones. Both were passengers
in the same automobile [33 A.D.2d 902 Page 903]