In Matter of Metropolitan Prop. & Cas. Ins. Co. v. Mancuso (93 NY2d 487 [1999]) Judge Rosenblatt spoke for a unanimous bench in determining that in one of the cases presented, where notice had to be given as soon as practicable, the insured made a no-fault claim immediately after the December 1994 accident and commenced a personal injury action against the tortfeasor in January 1996 that was settled during discovery in October 1996, at which time the plaintiff's attorney first learned what the tortfeasor's policy limits were and filed a claim for underinsurance the next day, the courts below held that the notice was not given as soon as practicable and the Court of Appeals said, "We cannot say they erred as a matter of law" (93 NY2d at 496).