May 26, 1987
Appeal from the Supreme Court, Rockland County (Meehan, J.).
Ordered that the judgment is affirmed, with costs.
The appellant's decedent was the victim of a hit-and-run accident on April 19, 1985. The court found, based upon the evidence adduced at the hearing, that oral notification was provided to the respondent, Allstate Insurance Company, on September 10 or 12, 1985, and written notice was mailed on November 5, 1985. The insurance policy required that written notice be provided within 90 days. Thus, the court held that timely notice had not been provided. We agree.
An insured must give notice to his or her insurer within the time limit provided in the insurance policy or within a reasonable time under all the circumstances (see, Security Mut. Ins. Co. v. Acker-Fitzsimons Corp., 31 N.Y.2d 436; Insurance Law § 3420). Absent a valid excuse, failure to satisfy the notice requirement in an insurance policy vitiates coverage (Security Mut. Ins. Co. v. Acker-Fitzsimons Corp., supra; State Farm Mut. Auto Ins. Co. v. Romero, 109 A.D.2d 786).
In this case, the appellant failed to establish a valid excuse for the failure to comply with the notice requirements of the policy in question, and the application to permanently stay arbitration was, therefore, properly granted. Mangano, J.P., Bracken, Lawrence and Kooper, JJ., concur.