Bauerschmidt & Sons, Inc. v. Nova Casualty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*669Where, as here, a policy of liability insurance requires that notice of an occurrence be given “as soon as practicable,” such notice must be accorded to the carrier within a reasonable period of time (see Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 NY3d 742, 743 [2005]; Security Mut. Ins. Co. of N.Y. v Acker-Fitzsimons Corp., 31 NY2d 436, 441 [1972]). However, there may be circumstances where the insured’s failure to give timely notice is excusable, such as where the insured has a good-faith belief in nonliability (see Security Mut. Ins. Co. of N.Y. v Acker-Fitzsimons Corp., 31 NY2d…
2Cases cited8 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Great Canal Realty Corp. v. Seneca InsuranceNew York Court of Appeals · 2005
- St. James Mechanical, Inc. v. Royal & SunallianceAppellate Division of the Supreme Court of the State of New York · 2007
- G.L.G. Contracting Corp. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Hermitage Insurance v. Arm-ing, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.
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- Integrated Construction Services, Inc. v. Scottsdale InsuranceAppellate Division of the Supreme Court of the State of New York · 2014
- Fogelbach v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
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