FC BRUCKNER ASSOCIATES, L.P. v. FIREMAN'S FUND INSURANCE CO.

Nos. 6990, 600341/10.

95 A.D.3d 556 (2012)

944 N.Y.S.2d 84

2012 NY Slip Op 3715

FC BRUCKNER ASSOCIATES, L.P., et al., Appellants, v. FIREMAN'S FUND INSURANCE CO., Respondent, et al., Defendant.

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

Decided May 10, 2012.


Plaintiffs, New York subsidiaries of Forest City Enterprises, Inc., an Ohio corporation, were insured under FFIC's excess policy issued to the parent corporation. They seek a declaration that FFIC was obligated to indemnify them in an underlying personal injury action that occurred in New York. At issue is a conflict between the laws of New York and Ohio on the subject of timely notice—the former providing (prior to the enactment of Insurance Law § 3420 [a] [5...

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