Legal Opinion

D'Aloia v. Travelers Insurance

New York Court of Appeals

Decided February 9, 1995PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. When the facts of an occurrence are such that an insured acting in good faith would not reasonably believe that liability will result, notice of the occurrence is given "as soon as possible” if given promptly after the insured receives notice that a claim will in fact be made (see, Merchants Mut. Ins. Co. v Hoffman, 56 NY2d 799). The record before us, which indicates that the injured party’s parents declined the insureds’ offer to pay medical expenses and indicated no intention to sue, supports…

2Cases cited1 opinion

  1. Merchants Mutual Insurance v. HoffmanNew York Court of Appeals · 1982

3Cited by25 opinions

  1. Argentina v. Otsego Mutual Fire InsuranceNew York Court of Appeals · 1995
  2. Paramount Insurance v. Rosedale Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Reynolds Metal Co. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1999
  4. G.L.G. Contracting Corp. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Jordan Construction Products Corp. v. Travelers Indemnity Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2005

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