American Home Assurance Co. v. International Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mazzarelli, J.
The main issue to be resolved on this appeal is whether an excess insurance carrier must allege and demonstrate prejudice when asserting late notice of claim or occurrence as a defense against a claim by a co-excess insurance carrier suing for contribution. Although the need for carriers seeking to disclaim coverage based on late notice has been addressed in the context of primary insurance and reinsurance coverage, the question, as framed here, has yet to be squarely addressed by an appellate court in this State. Notwithstanding Federal authority to the…
2Cases cited8 opinions
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- McGrath v. GoldNew York Court of Appeals · 1975
- Crum & Forster Organization v. MorganAppellate Division of the Supreme Court of the State of New York · 1993
- Department of Personnel v. City Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kansas Public Employees Retirement System v. Reimer & Koger Associates, Inc.Supreme Court of Kansas · 1997
- American Home Assurance Co. v. International InsuranceNew York Court of Appeals · 1997
- Red Ball Interior Demolition Corp. v. PalmadessaDistrict Court, S.D. New York · 1996
- First City Acceptance Corp. v. Gulf InsuranceAppellate Division of the Supreme Court of the State of New York · 1997
- Midwest Emp. Cas. v. E. Ala. Health CareSupreme Court of Alabama · 1997
5 more not listed; retrieve them via the Exa API.