What is the legal test for giving notice of an insured or insurer when a plaintiff is injured in a motor vehicle accident?
"New York", United States of America
The following excerpt is from Berman v. Country-Wide Ins. Co., 2006 NY Slip Op 50977(U) (N.Y. Civ. Ct. 5/23/2006), 2006 NY Slip Op 50977(U) (N.Y. Civ. Ct. 2006):
It is well settled that delay on the part of an injured party to give notice may be excused, upon a showing of diligence, where he had difficulty ascertaining the identity of the insured or insurer (see Subia v. Cosmopolitan Mutual Ins. Co., 80 Misc 2d 1090[1975]). Here the court
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