BELLEFONTE RE-INS. CO. v. VOLKSWAGENWERK


102 A.D.2d 753 (1984)

Bellefonte Re-Insurance Company, Formerly Known as Bellefonte Insurance Company, Respondent, v. Volkswagenwerk AG, Defendant, and Volkswagen of America, Inc., Appellant

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

June 21, 1984


¶ On oral argument of the appeal respondents, for the first time, called to our attention a clause in the policy requiring notice of an occurrence which appears likely to involve the policy to be given to the company as soon as practicable. There are serious questions as to the applicability and viability of this clause, as to whether it has been waived by the conduct of plaintiff insurance company, either before or after the trial of the underlying personal injury and...

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