Legal Opinion
Safeguard Insurance v. Baldauf
New York Supreme Court
Decided June 4, 1959PublishedCited by 7 opinions
1Opinion of the CourtBirdie Amsterdam, J.
Plaintiff insurer seeks a declaratory judgment that it may disclaim for late notice.
By the terms of a policy of liability insurance that it issued to the defendants Harry, Harold and John Baldauf, a partnership, doing business as Baldauf Carpenter Contracting Co. (hereinafter referred to as the Baldaufs), notice of accident was required to be given to plaintiff “ as soon as practicable ”.
It is undisputed that plaintiff did not receive notice until some 10 months after the occurrence of an accident, more particularly alluded to later.
The testimony and documentary evidence establish that…
2Cases cited5 opinions
- Vanderbilt v. Indemnity Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1943
- Weatherwax v. Royal Indemnity Co.New York Court of Appeals · 1929
- Joseph Gordon, Inc. v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1920
- Utica Sanitary Milk Co. v. Casualty Co. of AmericaNew York Court of Appeals · 1914
- Irving Trust Co. v. Park & Tilford Import Corp.Appellate Division of the Supreme Court of the State of New York · 1937
3Cited by7 opinions
- Allstate Insurance v. MangerNew York Supreme Court · 1961
- Curreri v. Allstate InsuranceNew York Supreme Court · 1963
- Subia v. Cosmopolitan Mutual InsuranceNew York Supreme Court · 1975
- Nelli v. National Surety Corp.New York Supreme Court · 1962
- Rensi v. LangstonDistrict Court, W.D. Pennsylvania · 1980
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