Legal Opinion · Concurrence
American Transit Insurance v. Rechev of Brooklyn, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2008Published
1ConcurrenceMcGuire, J.
I agree with the majority’s implicit conclusion that plaintiff insurer American Transit Insurance Co. (ATIC) was required to show that it was prejudiced by the failure of defendant Klausner, the plaintiff in the underlying personal injury action, to provide timely notice to ATIC of the action she had commenced against ATIC’s insured. I write separately because I believe we should explain that conclusion, especially in light of decisions by this Court and the Second Department that appear to support a different conclusion.
*258Although ATIC did not receive timely notice of the action from Klausner,…
2Cases cited7 opinions
- Argo Corp. v. Greater New York Mutual InsuranceNew York Court of Appeals · 2005
- American Transit Insurance v. SartorNew York Court of Appeals · 2004
- In Re the Arbitration Between Brandon & Nationwide Mutual InsuranceNew York Court of Appeals · 2002
- Rekemeyer v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2005
- 1700 Broadway Co. v. Greater New York Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
2 more not listed; retrieve them via the Exa API.