White v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
In this declaratory judgment action, we are called upon to consider whether a 10-year delay by a public authority in reporting a personal injury claim to its liability insurance carrier complied with a policy provision requiring notice of a pertinent occurrence to be furnished "as soon as practicable”. Under the circumstances presented here, we conclude that the decade-long delay constituted a breach of the insured’s contractual obligations under the policy which entitled the carrier to disclaim any duty to defend or indemnify the claim.
On September 2, 1975 Enga…
2Cases cited11 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Merchants Mutual Insurance v. HoffmanNew York Court of Appeals · 1982
- Tarquinio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by2 opinions
- Russ v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Serrano v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993