Magen v. Hartford Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Renwick, J.
The issue before us is whether the prompt disclaimer requirement of the Insurance Law is triggered when an insurance carrier receives the notice of claim from another insurance carrier on behalf of a mutual insured asking that the insured be provided a defense and indemnity. In light of the apparent confusion on this issue, we take the opportunity to reiterate and clarify our holding in Bovis Lend Lease LMB, Inc. v Royal Surplus Lines Ins. Co. (27 AD3d 84 [2005]), which is dispositive.
Background
This insurance dispute arose out of injuries allegedly sustained by…
2Cases cited19 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- White v. City of New YorkNew York Court of Appeals · 1993
- Power Authority v. Westinghouse Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Medical Malpractice Insurance v. CuomoNew York Court of Appeals · 1989
- Heydt Contracting Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1989
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3Cited by33 opinions
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- Admiral Insurance v. State Farm Fire & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2011
- QBE Insurance v. Adjo Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Zurich American Insurance Co. v. Liberty Mutual Insurance Co.Court of Appeals for the Second Circuit · 2017
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