AH PROPERTY, LLC v. NEW HAMPSHIRE INSURANCE COMPANY

2011-08682.

95 A.D.3d 1243 (2012)

945 N.Y.S.2d 391

2012 NY Slip Op 4114

AH PROPERTY, LLC, Respondent, v. NEW HAMPSHIRE INSURANCE COMPANY, Appellant.

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

Decided May 30, 2012.


Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant is not obligated to defend and indemnify the plaintiff in the underlying action.

"Where an insurance policy requires that notice of an occurrence be given `as soon as practicable,' notice must be given within...

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