Legal Opinion

Alice J. v. Joseph B.

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 1993PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously modified on the law and as modified affirmed with costs to Joseph B. and judgment granted in accordance with the following Memorandum: Failure of an insurer to give written notice of disclaimer of liability or denial of coverage to the insured "as soon as is *847reasonably possible” precludes effective disclaimer or denial (Insurance Law § 3420 [d]; Zappone v Home Ins. Co., 55 NY2d 131; Hartford Ins. Co. v County of Nassau, 46 NY2d 1028). Although third-party defendant Berkshire Mutual Insurance Company (Berkshire) was notified by third-party plaintiff Joseph B. of his claim…

2Cases cited6 opinions

  1. Zappone v. Home InsuranceNew York Court of Appeals · 1982
  2. Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
  3. Pless v. Town of RoyaltonNew York Court of Appeals · 1993
  4. St. Lawrence University v. Trustees of the Theological School of St. Lawrence UniversityNew York Court of Appeals · 1967
  5. Pless v. Town of RoyaltonAppellate Division of the Supreme Court of the State of New York · 1992

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3Cited by3 opinions

  1. Gill v. GouchieAppellate Division of the Supreme Court of the State of New York · 1994
  2. Allegany Co-op Insurance v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1995
  3. Koegler v. Liberty Mutual InsuranceDistrict Court, S.D. New York · 2009

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