City of New York v. Welsbach Electric Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Because defendant Welsbach Electric Corp., the named insured under the policy issued by Century, and the City, an additional insured under the policy, were adverse parties in the underlying action, the City had an independent obligation to provide timely written notice of the claim to Century (see Travelers Ins. Co. v Volmar Constr. Co., 300 AD2d 40, 44 [2002]). Further discovery as to whether Welsbach provided timely notice would serve no purpose (see American Mfrs. Mut. Ins. Co. v CMA Enters., 246 AD2d 373 [1998]).
Since Century asserted its late notice defense 92 days after receiving the…
2Cases cited7 opinions
- Travelers Insurance v. Volmar Construction Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Brooklyn Union Gas Co. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 2005
- 2540 Associates, Inc. v. Assicurazioni Generali, S.p.A.Appellate Division of the Supreme Court of the State of New York · 2000
- American Manufacturers Mutual Insurance v. CMA Enterprises., Ltd.Appellate Division of the Supreme Court of the State of New York · 1998
- Those Certain Underwriters at Lloyds v. GrayAppellate Division of the Supreme Court of the State of New York · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- GPH Partners, LLC v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 2011
- City of New York v. Investors Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2011
- Homestead Village Assoc., L.P. v. Diamond State InsuranceDistrict Court, E.D. New York · 2011
- GPH Partners v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Battisti v. Broome Coop. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2018
1 more not listed; retrieve them via the Exa API.