Washington v. St. Paul Surplus Lines Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover the proceeds of an insurance policy, the defendant insurer appeals from an order of the Supreme Court, Kings County (Garry, J.), dated July 29, 1991, which granted the plaintiffs’ motion to strike the affirmative defenses of failure to timely notify the insurer of a negligence action against its insured, and of a subsequent default judgment entered in that action, and denied its cross motion for summary judgment.
Ordered that the order is modified, on the law, by deleting the provision thereof which granted that branch of the plaintiffs’ motion which was to strike the…
2Cases cited4 opinions
- Nassau Insurance v. MurrayNew York Court of Appeals · 1978
- Smith v. PalmieriAppellate Division of the Supreme Court of the State of New York · 1984
- Saranac Lake Federal Savings & Loan Ass'n v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Fritzen v. Allstate Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1990
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