Legal Opinion
Juan Sierra v. 4401 Sunset Park, LLC, 4401 Sunset Park, LLC
New York Court of Appeals
Decided November 24, 2014No. 216PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
Insurance Law § 3420 (d) (2) requires a liability insurer that disclaims liability to give written notice of the disclaimer “to the insured.” This case involves parties who were insureds under two different policies: they were named insureds under their own policy, and additional insureds under a policy obtained by a contractor they had hired. The contractor’s insurer, seeking to disclaim liability, sent written notice to the insureds’ own carrier, but not to the insureds themselves. We hold that this did not meet the requirement of the statute.
I
4401 Sunset Park,…
2Cases cited3 opinions
- Excelsior Insurance v. Antretter Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Cincinnati Insurance Companies v. Sirius America InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Sierra v. 4401 Sunset Park, LLCAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by12 opinions
- U.S. Underwriters Ins. Co. v. Image By J&K, LLCDistrict Court, E.D. New York · 2018
- Harco Construction, LLC v. First Mercury Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2017
- Endurance American Specialty Insurance v. Utica First InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
- POFI Constr. Corp. v. Rutgers Cas. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2020
- POFI Constr. Corp. v. Rutgers Cas. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2020
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