MOUNT VERNON FIRE INS. CO. v. WILLIAM & GEORGIA CORP.


194 A.D.2d 366 (1993)

598 N.Y.S.2d 257

Mount Vernon Fire Insurance Company, Respondent, v. William & Georgia Corp., Appellant, et al., Defendant, et al., Counterclaim Defendant

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

June 8, 1993


We agree with the analysis of Justice Burton S. Sherman contained in his June 1, 1992 decision that the insured, William & Georgia Corp., failed, as a matter of law, to comply with the policy's notice of claim provision and, on that point, affirm for the reasons stated therein. On appeal, William & Georgia belatedly attempts to create an issue of fact as to whether plaintiff should be estopped from disclaiming coverage by failing to give timely notice of disclaimer...

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