Legal Opinion
26 Warren Corp. v. Aetna Casualty & Surety Co.
Appellate Division of the Supreme Court of the State of New York
Decided August 13, 1998PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Lewis Friedman, J.), entered April 10, 1997, which, inter alia, declared that defendant insurer was not obligated to defend or indemnify plaintiff insured in the underlying action, unanimously affirmed, without costs.
The subject insurance policy’s notice of claim condition precedent to coverage, that “the insured shall immediately forward to the [insurer] every demand, notice, summons or other process received by him or his representative”, is devoid of ambiguity (see, Hovdestad v Interboro Mut. Indem. Ins. Co., 135 *376AD2d 783, 784), and the receipt of…
2Cases cited4 opinions
- People v. BeriguetteNew York Court of Appeals · 1994
- Cedeno v. Wimbledon Building Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Hovdestad v. Interboro Mutual Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- FGB Realty Advisors, Inc. v. Norm-Rick Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- BRIGGS AVENUE v. Insurance Corp. of HannoverCourt of Appeals for the Second Circuit · 2008
- SP & S Associates, LLC v. Insurance Co. of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- 105 Street Associates, LLC v. Greenwich InsuranceDistrict Court, S.D. New York · 2007
- Briggs Ave. v. Ins. Corp. of HannoverCourt of Appeals for the Second Circuit · 2008