Legal Opinion
Argo Corp. v. Greater New York Mutual Insurance
New York Court of Appeals
Decided April 5, 2005PublishedCited by 112 opinions
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
The issue in this case is whether a primary insurer can disclaim coverage based solely upon a late notice of lawsuit or must show prejudice. We hold that, under the circumstances of this case, plaintiffs’ late notice was unreasonable as a matter of law, that the Appellate Division correctly applied Matter of Brandon (Nationwide Mut. Ins. Co.) (97 NY2d 491 [2002]) and that the insurer need not show prejudice.
On January 2, 1997, Igo Maidanek slipped and fell on ice on the sidewalk adjacent to 137-01 83rd Avenue in Kew Gardens, New York. Maidanek was a tenant of…
2Cases cited7 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
- Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
- American Home Assurance Co. v. International InsuranceNew York Court of Appeals · 1997
- In Re the Arbitration Between Brandon & Nationwide Mutual InsuranceNew York Court of Appeals · 2002
2 more not listed; retrieve them via the Exa API.
3Cited by112 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
- Great Canal Realty Corp. v. Seneca InsuranceNew York Court of Appeals · 2005
- Steinberg v. Hermitage InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Briggs Avenue LLC v. Insurance Corp. of HannoverNew York Court of Appeals · 2008
- Ponok Realty Corp. v. United National Specialty InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
107 more not listed; retrieve them via the Exa API.