Empire City Subway Co. v. Greater New York Mutual Insurance

In this declaratory judgment action, we are asked to decide whether an insured, under a liability insurance policy, complied with the terms of the policy requiring notice to the insurer “ as soon as practicable ” after an accident and notice of claim or suit “ immediately ” upon claim or suit, being made.

The plaintiff, Empire City Subway Company (Empire), a construction subsidiary of New York Telephone Co., was named an insured under a policy of liability insurance issued by the defendant, Greater New York Mutual Insurance Company (Greater New York), covering legal liability imposed upon it…