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MILL BASIN FLOWER SHOP, INC. v. U.S. UNDERWRITERS INS. CO.

207 A.D.2d 387 (1994)

616 N.Y.S.2d 50

Mill Basin Flower Shop, Inc., Doing Business as Flower Den, Respondent, v. U.S. Underwriters Insurance Company, Appellant

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

August 8, 1994

Ordered that the order is affirmed, with costs.

Contrary to the defendant insurance carrier's intention, we find that a question of fact exists as to whether or not the plaintiff's delay in notifying its carrier of an alleged occurrence was, under all of the attendant circumstances, reasonable and premised on a good faith belief that a claim would not be made against the plaintiff (see, E.T. Nutrition v Central...

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