Greyhound Corp. v. General Accident Fire & Life Assurance Corp.

I would dismiss the complaint in its entirety. I agree with the court that, as to the assignments from three of the four injured parties (Thomas, Demarest and Eimess), the plaintiff has no right, pursuant to the provisions of section 167 (subd. 7, par. [c]) of the Insurance Law, to maintain this action as their assignee. However, I believe that the delay in giving notice of the accident to the defendant insurance company bars the action not only as to the plaintiff’s claim based on those assignments but also as to its claim to enforce the judgment of contribution obtained by its predecessor,…