MIDLAND INS. CO. v. LEWIS


178 A.D.2d 146 (1991)

Midland Insurance Company, Appellant, v. Jane G. Lewis et al., as Executors of Sol Goldman, Deceased, and Doing Business as Empire Associates Realty, et al., Respondents

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

December 5, 1991


The action seeks a declaration that plaintiff is not obligated to defendants under the terms of a primary policy of insurance, with a liability limit of $1 million, because of defendants' failure to comply with notice requirements of the policy. The jury returned a verdict in favor of plaintiff, but defendants prevailed on a posttrial motion for a declaration that they had complied with the distinct and less stringent notice requirements of an excess policy also issued by...

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