Legal Opinion
Unigard Security Insurance v. North River Insurance
New York Court of Appeals
Decided May 5, 1992PublishedCited by 62 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
Under New York law, the standard provision in a contract of primary liability insurance requiring the insured to give the insurer prompt notice of a potential claim operates as a condition precedent; thus, for failure to give notice, the primary insurer "need not show prejudice before it can assert the defense of noncompliance” (Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 NY2d 436, 440). For reasons which follow, we hold that this "no prejudice” rule does not apply to a failure to comply with the prompt notice requirement in a contract of…
2Cases cited13 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Power Authority v. Westinghouse Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Travelers Insurance v. Buffalo Reinsurance Co.District Court, S.D. New York · 1990
- Kemper Reinsurance Co. v. CorcoranNew York Court of Appeals · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- North River Insurance Company v. Cigna Reinsurance CompanyCourt of Appeals for the Third Circuit · 1995
- Unigard Security Insurance Company, Inc., Successor to Unigard Mutual Insurance Company, Inc. v. North River Insurance CompanyCourt of Appeals for the Second Circuit · 1993
- Christiania General Insurance Corporation of New York v. Great American Insurance CompanyCourt of Appeals for the Second Circuit · 1992
- Pacific Employers Ins Co v. Global Reinsurance Corp of AmeCourt of Appeals for the Third Circuit · 2012
- Bank of New York Mellon Trust Co. v. Morgan Stanley Mortgage Capital, Inc.Court of Appeals for the Second Circuit · 2016
57 more not listed; retrieve them via the Exa API.