WESTERN NEW YORK ORTHOPEDIC GROUP v. STATE FARM FIRE & CAS. CO.


125 A.D.2d 963 (1986)

Western New York Orthopedic Group, P. C., Respondent, v. State Farm Fire and Casualty Company, Appellant, and Edward G. McSherry et al., Respondents

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

December 19, 1986


Judgment unanimously affirmed, with costs.

Memorandum:

The issue presented on this appeal is whether an insured's notification of an accident was timely and, if not, whether the insurer's disclaimer notice was timely. Plaintiff is a professional corporation whose premises were insured by defendant State Farm Fire and Casualty Company. On December 13, 1982, one Edward McSherry came to plaintiff's office for treatment of a knee injury. McSherry was seen by Dr...

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