Jenkins v. Burgos
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
The issue on this appeal is whether the injured party gave timely notice of the accident to the insurer and whether oral notification will suffice where the policy, statute and cases in this State uniformly require that written notice be given. The trial court held that notice by telephone, which was disputed by the insurer, was sufficient compliance with the policy. We disagree and, accordingly, reverse the order and judgment and declare that the insurer had no obligation to defend or indemnify its in*218sured in the underlying negligence action as a result of the…
2Cases cited24 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
- Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
- Lauritano v. American Fidelity Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
- Lauritano v. American Fidelity Fire InsuranceNew York Court of Appeals · 1958
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3Cited by50 opinions
- Olin Corp. v. Insurance Co. of North AmericaDistrict Court, S.D. New York · 1990
- Power Authority v. Westinghouse Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- New York v. BlankCourt of Appeals for the Second Circuit · 1994
- State of New York v. Walter T. Blank and Abalene Pest Control Service, Inc., and Orkin Exterminating Company, Inc., Walter T. Blank and Abalene Pest Control Service, Inc., Third-Party v. New York State Department of Environmental Conservation, New England Marine Contractors, Inc., Third-Party National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Capital Mutual Insurance Co., Third-Party Capital Mutual Insurance Co., Fourth-Party Plaintiff-Appellee-Cross-Appellant v. New York Mutual Underwriters, Commercial Mutual Insurance Company, Formerly Known as Cooperative Fire Insurance Company of Catskill, New York, Security Mutual Fire Insurance Company, and Sterling Insurance Company, Fourth-Party Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 1994
- Avondale Industries, Inc. v. Travelers Indemnity Co.District Court, S.D. New York · 1991
45 more not listed; retrieve them via the Exa API.