In State Farm Mutual Automobile Insurance v. Tubis, 38 AD3d 670, 831 NYS2d 520, [2nd Dept., 2007], claimant Tubis was involved in a motor vehicle accident in December 1997 and made an application for no-fault benefits on March 12, 1998.
He also requested uninsured/underinsured motorist benefits at the same time.
The Court notes that such claim was premature at that time. Tubis made a demand for uninsured motorist arbitration on May 12, 2004.
The insurer of the offending vehicle had been placed in liquidation in New York on August 22, 2003.
The Court held that the claimant failed to submit his claim as soon as practicable after learning of the insolvency and lack of insurance by the adverse vehicle.