Rosenthal v. Reliance Insurance

Hopkins, J.,

dissents and votes to reverse the order, to deny the motion of defendant Reliance Insurance Company and to grant plaintiffs’ cross motion, with the following- memorandum: I am of the opinion that on the undisputed facts Reliance is estopped from raising the defense of plaintiffs’ failure to institute an action for their loss within the time limited by the policy. Plaintiffs discovered the loss on May 5, 1963. They immediately notified the police and their insurance broker, who in turn notified the underwriting agency representing Reliance on May 6, 1963. The latter’s adjusters met…