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HORIZONS v. SOLOMON R. GUGGENHEIM FOUND.

205 A.D.2d 466 (1994)

614 N.Y.S.2d 132

Lighting Horizons, Plaintiff, v. Solomon R. Guggenheim Foundation et al., Defendants, et al., Third-Party Plaintiff, et al., Third-Party Defendants Solomon R. Guggenheim Foundation, Fourth-Party Plaintiff-Respondent, v. Royal Insurance Company of America, Fourth-Party Defendant-Appellant-Respondent, A&V Contracting Co., Fourth-Party Defendant-Respondent-Appellant, and George A. Fuller Company, Fourth-Party Defendant-Respondent, et al., Fourth-Party Defendants

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

June 30, 1994

The IAS Court properly determined that there exist questions of fact as to when the fire loss and damage became known to Guggenheim's "`Home Office Insurance Department'", when said department reported the loss of damage "`with full particulars to Johnson & Higgins,'" Guggenheim's insurance broker, and whether said reporting occurred "`[a]s soon as practicable'" after the Home Office Insurance Department acquired said knowledge (Security Mut. Ins. Co. v Acker-Fitzsimons...

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