Ross v. Medical Liability Mutual Insurance

Order of the Supreme Court, New York County (Andrew R. Tyler, J.), entered March 29, 1988, which denied defendant’s motion for summary judgment, unanimously reversed, on the law, and the motion is granted, with costs.

This action for damages by plaintiff physician against defendant medical malpractice insurer is based on defendant’s refusal to defend plaintiff against a medical malpractice action in which a default judgment was entered against him. Defendant justifies its refusal to defend on plaintiff’s failure to notify it of the malpractice action until after the default *188judgment had been…