American Transit Insurance v. Hashim

*619Hashim claims to have sustained severe and crippling permanent injuries in a collision in October 2005 with another motor vehicle driven by Cuzco. On November 3, 2005, counsel for Hashim notified plaintiff in writing of the personal injuries. Hashim commenced the underlying action against Cuzco, and moved, in May 2006, for summary default judgment when Cuzco failed to answer. On June 19, 2006, plaintiff wrote to Hashim’s attorney, advising that since its recent receipt of Hashim’s motion for default judgment was the insurer’s first notification of legal action against its insured, it was…