BAIN v. CHARLES SCHAD, INC.


120 A.D.2d 633 (1986)

Cardinal Bain, Plaintiff, v. Charles Schad, Inc., Defendant, and Guy Fleurant, Sued Herein as Guy Florant, Defendant and Third-Party Plaintiff-Appellant. Great Atlantic Insurance Company, Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

May 19, 1986


Judgment affirmed, with costs payable by Fleurant to the Great Atlantic Insurance Company.

We agree with the trial court's finding that Fleurant knew or should have known of liability coverage upon which his claim was made. His delay of 5½ years in notifying his insurer was therefore unexcused inasmuch as it was unreasonable under the circumstances (see, Mighty Midgets v Centennial Ins. Co., 47 N.Y.2d 12, 19)...

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