See also State Farm Ins. Co. v. Domotor, 266 AD2d 219 [2nd Dept. 1999]
Matter of Kane v Fiduciary Ins. Co. of Am., 2014 NY Slip Op 00593 [1st Dept.]
The arbitral awards, rendered in compulsory arbitration, were not irrational or contrary to settled, and therefore should have been confirmed. Respondent insurer's disclaimer, based strictly upon primacy of coverage, was not so absolute or unequivocal as to constitute a repudiation of the policy (see Seward Park Hous. Corp. v Greater N.Y. Mut. Ins. Co., 43 AD3d 23, 30 [1st Dept 2007]). The arbitrators were therefore correct that petitioner was required, but failed, to comply with the conditions precedent to coverage found in the implementing no-fault regulations. He did not submit timely written proof of claim to the insurer, including the particulars regarding the nature and extent of the injuries and treatment received and contemplated (11 NYCRR 65-1.1, 65-24[c]).
Emphasis mine.
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