COHEN v. ATL. NAT'L INS. CO.


24 A.D.2d 896 (1965)

Helen Cohen et al., Respondents, v. Atlantic National Insurance Co., Appellant, and Motor Vehicle Accident Indemnification Corp., Respondent

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

November 29, 1965


Judgment affirmed, with a separate bill of costs to each of the respondents.

Contrary to the finding of the trial court, we find that plaintiffs failed to do "everything reasonably expected of them to ascertain the identity of the insurance carrier" or give notice of the accident to the defendant Atlantic National Insurance Co. "as soon as could be reasonably expected." Nevertheless, we also find that said defendant waived the defense of untimely notice of accident...

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