Legal Opinion
City of New York v. Investors Insurance Co. of America
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2011PublishedCited by 5 opinions
1Opinion of the Court
As an additional insured under the policy issued by defendant, plaintiff had, in the absence of an express duty, an implied duty, independent of the named insured’s obligation, to provide defendant with timely notice of the occurrence for which it seeks coverage (see Structure Tone v Burgess Steel Prods. Corp., 249 AD2d 144 [1998]; Thomson v Power Auth. of State of N.Y., 217 AD2d 495, 497 [1995]). The notice it served 13 months after receiving the underlying plaintiff’s notice of claim was untimely as a matter of law (see 1700 Broadway Co. v Greater N.Y. Mut. Ins. Co., 54 AD3d 593, 593…
2Cases cited6 opinions
- American Transit Insurance v. SartorNew York Court of Appeals · 2004
- Steadfast Insurance v. Sentinel Real Estate Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Structure Tone, Inc. v. Burgess Steel Products Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Thomson v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- City of New York v. Welsbach Electric Corp.Appellate Division of the Supreme Court of the State of New York · 2008
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3Cited by5 opinions
- Cruz v. Western Heritage Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2016
- Carlson v. American Intl. Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Martin Associates, Inc. v. Illinois National InsuranceAppellate Division of the Supreme Court of the State of New York · 2016
- SPOLETA CONSTRUCTION, LLC v. ASPEN INSURANCE UK LIMITEDAppellate Division of the Supreme Court of the State of New York · 2014
- SPOLETA CONSTRUCTION, LLC v. ASPEN INSURANCE UK LIMITEDAppellate Division of the Supreme Court of the State of New York · 2014