Bramer v. Utica Mutual Insurance

Memorandum: Plaintiff appeals from a judgment that, inter alia, declared that defendants-respondents (hereafter, defendants) are not obligated to defend or indemnify plaintiff in an underlying action commenced by New York State pursuant to Navigation Law § 181 seeking to recover the cost of remediating petroleum contamination (State of New York v Essex Prop. Mgt., LLC, 12 AD3d 1123 [2004]). We affirm.

It is well settled that notice provisions of an insurance policy *1793“operate[ ] as a condition precedent to coverage” (White v City of New York, 81 NY2d 955, 957 [1993]), and that the insurer is not…