As we all know in New York, when a claimant files a demand for uninsured motorist arbitration, there is a STRICT 20 day statute of limitations for the carrier to file a petition to stay the uninsured/underinsured arbitration.
I always like to tell this story. When I was practicing I had a case where I could not confirm coverage on the offending vehicle after months of trying. So I did what any crafty practioner would do; I filed my demand for uninsured motorist arbitration on the no-fault carrier by certified mail. Amazingly, on the 21st day, a claims rep called me and said they think there is coverage on the offending vehicle...would I ACCEPT THEIR PETITION 1 DAY LATE? I responded by asking him, "if I had a great hit in the rear case, and I filed on the 3rd year and a day..would you direct your defense counsel not to contest statute of limitations"?
I immediately heard a click on the phone and the line went dead.
Moral of the story; Know your limitations periods and enforce them whenever you can! Because I guarantee you defense counsel will!
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