New York Court of Appeals
In the Matter of Metropolitan Property and Casualty Insurance Company, Respondent v. Dominic Mancuso, Appellant; In…
June 8, 199993 N.Y.2d 487
Summary
The New York Court of Appeals affirmed the lower courts, holding that both claimants failed to give timely notice of underinsurance claims under their respective policies. The court interpreted "as soon as practicable" to require notice after the insured knew or should have known the tortfeasor was underinsured, and construed ambiguous "90 days or as soon as practicable" language against the carrier, finding the notice untimely in both cases.