Legal Opinion
Gresham v. American General Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1987PublishedCited by 7 opinions
1Opinion of the Court
— Order unanimously reversed on the law without costs and defendant’s motion granted. Memorandum: In this action to recover on a disability insurance policy, it was error for the court to deny defendant insurer’s motion for summary judgment dismissing the complaint. Defendant demonstrated its entitlement to judgment as a matter of law based on plaintiff’s failure to comply with the policy condition requiring notice of disability within 20 days after the occurrence or "as soon thereafter as is reasonably possible.” While ordinarily it is a *1122question of fact whether an insured gave timely notice…
2Cases cited4 opinions
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Vanderbilt v. Indemnity Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1943
- Hartford Fire Insurance v. MasternakAppellate Division of the Supreme Court of the State of New York · 1977
- Walterman v. Mutual Benefit Health & Accident Ass'nAppellate Division of the Supreme Court of the State of New York · 1940
3Cited by7 opinions
- 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
- Rockland Exposition, Inc. v. Great American Assurance Co.District Court, S.D. New York · 2010
- Gelfman v. Capitol Indemnity Corp.District Court, E.D. New York · 2014
- Professional Product Research Inc. v. General Star Indemnity Co.District Court, S.D. New York · 2008
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