LIBERTY MUT. INS. CO. v. METRO. SHEET METAL WORKS, INC.


55 A.D.2d 639 (1976)

Liberty Mutual Insurance Company, Appellant, v. Metropolitan Sheet Metal Works, Inc., Respondent, et al. Defendants

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

December 20, 1976


Order and judgment reversed, on the law, without costs or disbursements, and motion for summary judgment denied.

Special Term erred in holding, inter alia, that plaintiff, in failing to invite or request its insured to participate in the underlying action in which the insured was a defendant, was estopped from denying coverage on the ground that it received late notice of the claim. While it may be true that plaintiff did not specifically invite or request...

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