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.