New York Court of Appeals

Cynthia A. Rekemeyer, Appellant v. State Farm Mutual Automobile Insurance Company, Respondent

April 5, 20054 N.Y.3d 468

Summary

The New York Court of Appeals held that when an insured has given timely notice of an accident, the insurer must demonstrate prejudice before it can deny supplemental uninsured/underinsured motorist (SUM) coverage for untimely notice of the SUM claim, and it modified the Appellate Division’s order by denying State Farm’s summary‑judgment motion and remanding for a prejudice determination.