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MARINO v. NEW YORK TELEPHONE CO.

No. 1622, Docket 91-7150.

944 F.2d 109 (1991)

Christopher MARINO, Plaintiff, v. NEW YORK TELEPHONE COMPANY; Demour Construction Company; Jamco Construction Company, and Romal Iron Works, Inc., Defendants. NEW YORK TELEPHONE COMPANY and Demour Construction Company, Third-Party-Plaintiffs. v. EMPIRE ERECTING CORP.; Romal Iron Works, Inc., and Jamco Construction Company, Third-Party-Defendants. DEMOUR CONSTRUCTION COMPANY, Second-Third-Party-Plaintiff-Appellee, v. PEERLESS INSURANCE COMPANY, Second-Third-Party-Defendant-Appellant. NEW YORK TELEPHONE COMPANY and Demour Construction Company, Fourth-Party-Plaintiffs, v. ELECTRICAL MOTORS CORP., Fourth-Party-Defendant.

United States Court of Appeals, Second Circuit.

Decided September 17, 1991.

Attorney(s) appearing for the Case

John A. Ziegler, Buffalo, N.Y. (Lustig & Brown, of counsel), for second-third-party-defendant-appellant.

Lewis I. Wolf, New York City (Smith Mazure Director & Wilkins, of counsel), for second-third-party-plaintiff-appellee.

Before MESKILL, KEARSE and McLAUGHLIN, Circuit Judges.

MESKILL, Circuit Judge:

This appeal requires us to examine a disclaimer of liability and denial of insurance coverage based on the failure of an insured to report timely the accident giving rise to the personal injury claim involved.

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Leisure, J., granting a declaratory judgment in favor of Demour Construction Co. (Demour), the general contractor...

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