Associated Indemnity Corporation v. Garrow Co.

(sitting as District Judge pursuant to statutory designation).

Plaintiff, insurer on a public liability policy to defendant Garrow Company, Inc., seeks a declaration that, by reason of the failure of the insured to give the “immediate written” notice required by the policy, it has no liability to protect or indemnify the latter against a claim of defendant Esposito in the Supreme Court of the State of New York for damages for personal injury by reason of excavation or construction work by the insured as contractor upon the premises of defendant 100 Bennett Avenue Corp. Esposito’s action is for…