Legal Opinion
Zurich General Accident & Liability Insurance v. Harbil Restaurant, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 31, 1959PublishedCited by 13 opinions
1Opinion of the CourtRabin, J.
The issue presented in this case, and one which was resolved in the court below in favor of the insured, is whether notice was given to plaintiff insurer i( as soon as practicable ” as required by the terms of a policy of liability insurance.
On September 8, 1955, Anthony Chiarmonte was assaulted and received serious injuries in a restaurant operated by defendant Harbil Restaurant, Inc. Plaintiff received no notice of this occurrence until May 28, 1956, about five days after an action had been commenced by Chiarmonte. Thus, notice was not given until more than eight months after the assault.
The…
2Cases cited4 opinions
- Melcher v. . Ocean Accident Guarantee Corp.New York Court of Appeals · 1919
- Vanderbilt v. Indemnity Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1943
- Reina v. United States Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Reina v. United States Casualty CompanyNew York Court of Appeals · 1931
3Cited by13 opinions
- Southern Guaranty Insurance Co. v. ThomasSupreme Court of Alabama · 1976
- Winstead v. Uniondale Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1994
- Travelers Indemnity Co. of Connecticut v. Miller, 1100619 (Ala. 12-2-2011)Supreme Court of Alabama · 2011
- Pharr v. Continental Cas. Co.Supreme Court of Alabama · 1983
- Nationwide Mutual Fire Insurance v. Estate of FilesSupreme Court of Alabama · 2008
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