Alice J. v. Joseph B.
Appellate Division of the Supreme Court of the State of New York
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
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Pless v. Town of RoyaltonNew York Court of Appeals · 1993
- St. Lawrence University v. Trustees of the Theological School of St. Lawrence UniversityNew York Court of Appeals · 1967
- Pless v. Town of RoyaltonAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by3 opinions
- Gill v. GouchieAppellate Division of the Supreme Court of the State of New York · 1994
- Allegany Co-op Insurance v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1995
- Koegler v. Liberty Mutual InsuranceDistrict Court, S.D. New York · 2009