In our last column (May 14, 2002), we briefly mentioned the Court of Appeals’ April 30, 2002 decision in Brandon v. Nationwide Mutual Insurance Co., 97 NY2d 491, 743 NYS2d 53 (2002), dealing with one of the most important, but, perhaps, least-recognized, notice provisions, applicable to both Uninsured and Supplementary Uninsured/Underinsured Motorist coverage – the one entitled “Notice of Legal Action.” As promised, we discuss that important decision in greater detail in this column
The Notice of Legal Action provision, which appears in one form or another in the old and new mandatory uninsured motorist endorsements,[1]� and the pre- and post-Regulation 35-D Supplementary Uninsured Motorist Endorsements,[2]� essentially requires the insured “immediately” to forward to the insurer “a copy of the summons and complaint or other process served” in connection with a lawsuit brought by the insured against the tortfeasor.
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