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IN RE: GOVERNMENT EMPLOYEES INS. CO. v. SNELL
Appellate Division of the Supreme Court of New York, Second Department.
Sep 10, 2001
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ORDERED that the order is affirmed, with costs.
Since the appellant failed to report the alleged hit-and-run accident to the police within 24 hours or as soon as reasonably possible as required by the policy at issue, she is precluded from recovering the policy's uninsured motorist benefits (see, Matter of State Farm Mut. Ins. Co. v. Genao, 210 A.D.2d 340; Matter of United States Fire Ins. Co. v. Williams, 166 A.D.2d 538). Moreover, contrary to the appellant's contention, the petitioner timely disclaimed coverage upon first learning of the ground for such disclaimer (see, Matter of Allcity Ins. Co. [Jimenez], 78 N.Y.2d 1054; Matter of Legion Ins. Co. v. Estevez, 281 A.D.2d 420).
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