Legal Opinion
Briggs Avenue LLC v. Insurance Corp. of Hannover
New York Court of Appeals
Decided November 20, 2008PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that a liability insurer is entitled to disclaim coverage when the insured, because of its own error in failing to update the address it had listed with the Secretary of State, did not comply with a policy condition requiring timely notice of a lawsuit.
Briggs Avenue LLC is the owner of a building in the Bronx. The company was incorporated in 1999. Shaban Mehaj is its manager and only member. As required by Limited Liability Company Law § 301, Briggs’s articles of organization designated the Secretary of State as its agent to receive service of process. The…
2Cases cited4 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Argo Corp. v. Greater New York Mutual InsuranceNew York Court of Appeals · 2005
- Agoado Realty Corp. v. United International InsuranceNew York Court of Appeals · 2000
- BRIGGS AVENUE v. Insurance Corp. of HannoverCourt of Appeals for the Second Circuit · 2008
3Cited by32 opinions
- Indian Harbor Insurance v. City of San DiegoCourt of Appeals for the Second Circuit · 2014
- George K. Baum & Company v. Twin City Fire Insurance Co.Court of Appeals for the Eighth Circuit · 2014
- Sevenson Environmental Services Inc. v. Sirius America InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Waldron v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
- SP & S Associates, LLC v. Insurance Co. of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 2011
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