Insurance Coverage/General Liability

Insurance Coverage/General Liability

This declaratory judgment action involved a declination of coverage under a Comprehensive General Liability policy by our client, an insurer, for late notice of the occurrence and lawsuit involving an alleged sexual assault at the insured's apartment building. After the completion of discovery, all parties moved for summary judgment. The Court granted summary judgment to our client agreeing with our position that the insured failed to provide our client with timely notice of the claim. The Court also held that our client's disclaimer of coverage to the insured on the basis of late notice was timely as a matter of law. The insured's two other insurers also moved for summary judgment on the grounds of late notice, but the Court denied their motions, and also granted summary judgment against one of these insurers on the basis of its delay in declining coverage.Zevrone Reality Corp. v. New York Marine and General Insurance Company, 27 Misc. 3d 1219A, 2010 N.Y. Misc. LEXIS 967 (N.Y. Sup. Ct. Bronx County 2010)

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