CASTRO v. PRANA ASSOCIATES TWENTY ONE, LP

Nos. 7737, 305304/09, 84223/09, 83968/10.

95 A.D.3d 693 (2012)

944 N.Y.S.2d 558

2012 NY Slip Op 3962

DENNY CASTRO, Plaintiff, v. PRANA ASSOCIATES TWENTY ONE, LP, Defendant. (And a Third-Party Action.) PRANA ASSOCIATES TWENTY ONE, LP, Second Third-Party Plaintiff-Respondent, v. NORTHLAND INSURANCE, Second Third-Party Defendant-Appellant, et al., Second Third-Party Defendant.

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

Decided May 22, 2012.


Prana's September 29, 2009 letter notifying Northfield of the underlying action and requesting defense and indemnification as an additional insured under the Northfield policy, did not trigger Northfield's duty to disclaim coverage as to Four Star, its named insured. Indeed, under the Northfield policy, both primary and additional insureds were required to provide notice of a claim; accordingly, notice provided by Prana could not be imputed to Four Star (Travelers Ins...

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