Midland Insurance v. Lewis

Order and judgment (one paper), Supreme Court, New York County (Eugene Nardelli, J.), entered July 9, 1990, which, inter alia, declared that plaintiff is obligated to indemnify the Goldman defendants pursuant to a policy of excess insurance, unanimously affirmed, with costs.

The action seeks a declaration that plaintiff is not obligated to defendants under the terms of a primary policy of insurance, with a liability limit of $1 million, because of defendants’ failure to comply with notice requirements of the policy. The jury returned a verdict in favor of plaintiff, but defendants prevailed on…