Tower Insurance v. Rong Rong Sun

Manzanet-Daniels and Gische, JJ.,

dissent in a memorandum *565by Manzanet-Daniels, J., as follows: I would affirm the order of the motion court denying plaintiff insurer’s motion for summary judgment declaring that it is not obligated to indemnify Gomez, the plaintiff in the underlying personal injury action.3

Where the insured fails to give timely notice, an injured party can give notice himself, thereby preserving his or her right to proceed directly against the carrier (Appel v Allstate Ins. Co., 20 AD3d 367 [1st Dept 2005]). Section 3420 (a) of the Insurance Law confers on the injured party an…