ZURICH ACC. INS. CO. v. HARBIL REST.


7 A.D.2d 433 (1959)

Zurich General Accident & Liability Insurance Company, Ltd., Appellant, v. Harbil Restaurant, Inc., et al., Respondents

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

March 31, 1959.


Attorney(s) appearing for the Case

David S. Konheim of counsel (Hartsell, Harrington & Jacobs, attorneys), for appellant.

Melvin L. Krulewitch of counsel (Barnet V. Kaufman, attorney), for Harbil Restaurant, Inc., respondent.

BREITEL, J. P., M. M. FRANK, VALENTE and STEVENS JJ., concur.


RABIN, J.

The issue presented in this case, and one which was resolved in the court below in favor of the insured, is whether notice was given to plaintiff insurer "as soon as practicable" as required by the terms of a policy of liability insurance.

On September 3, 1955, Anthony Chiarmonte was assaulted and received serious injuries in a restaurant operated by defendant Harbil Restaurant, Inc. Plaintiff...

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