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ROCHWARGER v. NAT'L UNION FIRE INS. CO. OF PITTSBURGH, PENNSYLVANIA

192 A.D.2d 305 (1993)

595 N.Y.S.2d 459

Leonard Rochwarger et al., Appellants, v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Respondent

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

April 1, 1993

The distinction between "claims made" and "occurrence" policies controls the issue of coverage in this case, not whether defendant-insurer suffered any prejudice as a result of the short delay in giving notice of the claim (Chas. T. Main, Inc. v Fireman's Fund Ins. Co., 406 Mass. 862, 865, 551 N.E.2d 28, 30). An insured under a "claims made" policy knows in advance that there is an applicable date...

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