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KALTHOFF v. ARROWOOD INDEMNITY COMPANY

513554.

95 A.D.3d 1413 (2012)

943 N.Y.S.2d 645

2012 NY Slip Op 3500

DEBRA ANN KALTHOFF et al., Respondents, v. ARROWOOD INDEMNITY COMPANY, Formerly Known as ROYAL & SUNALLIANCE INSURANCE COMPANY, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 3, 2012.

MALONE JR., J.

In July 1999, plaintiff Debra Ann Kathloff allegedly sustained personal injuries when she slipped and fell on premises leased by defendant Casual Male, Inc. (hereinafter the insured). At the time of the accident, the insured maintained a policy of liability insurance issued by defendant Arrowood Indemnity Company (hereinafter defendant).1 Notwithstanding its awareness of the accident, the insured failed to notify defendant...

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