Legal Opinion
Argentina v. Otsego Mutual Fire Insurance
New York Court of Appeals
Decided July 5, 1995PublishedCited by 73 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The issue in this appeal is whether the insureds gave timely notice to their carrier of the slip-and-fall accident that eventually led to a liability judgment against them. Since notice was not actually given until 171 days after the occurrence, plaintiffs had the burden of showing that there was a reasonable excuse for the delay (see, Security Mut. Ins. Co. v Acker-Fitzsimons, 31 NY2d 436). Here, the excuse plaintiffs offered was the insureds’ "good-faith belief’ that the injured party would not…
2Cases cited6 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Merchants Mutual Insurance v. HoffmanNew York Court of Appeals · 1982
- Winstead v. Uniondale Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1991
- D'Aloia v. Travelers InsuranceNew York Court of Appeals · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Scott Hammersmith v. Tig Insurance Company (w.d. Of Pa. Civil Nos. 02-Cv-01829 & 03-Cv-01333)Court of Appeals for the Third Circuit · 2007
- Wilner v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
- Paramount Insurance v. Rosedale Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- SSBSS Realty Corp. v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
- Reynolds Metal Co. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1999
68 more not listed; retrieve them via the Exa API.