Long Island Lighting Co. v. Allianz Underwriters Insurance

Ellerin and Catterson, JJ., dissent

in a memorandum by Catterson, J., as follows: Because I believe genuine issues of material fact exist, I respectfully dissent. Specifically, I believe the motion court improperly determined, as a matter of law, that notice to excess insurers Century Indemnity Company (Century) and General Reinsurance Corporation (General Re) was triggered by plaintiffs receipt of a form letter sent by the Town of Oyster Bay (Town) to 37 Long Island companies in September 1993.

Initially, both excess insurer defendants asserted that the obligation to give notice arose in 1990…