Serravillo v. Sterling Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to collect the proceeds of a homeowner’s insurance policy issued by the defendant, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen, J.), entered May 8, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
It is well established that the failure to comply with provisions of an insurance policy requiring timely notice of an accident vitiates the contract, both as to the insured and to one injured or damaged by his acts (see, Security Mut. Ins. Co. v Acker-Fitzsimons…
2Cases cited12 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- White v. City of New YorkNew York Court of Appeals · 1993
- Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
- Merchants Mutual Insurance v. HoffmanNew York Court of Appeals · 1982
- Jenkins v. BurgosAppellate Division of the Supreme Court of the State of New York · 1984
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Steinberg v. Hermitage InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Gershow Recycling Corp. v. Transcontinental InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Ringel v. Blue Ridge InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- Travelers Indemnity Co. v. WorthyAppellate Division of the Supreme Court of the State of New York · 2001
- In re First Central InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
14 more not listed; retrieve them via the Exa API.