SMALLS v. RELIABLE AUTO SERV., INC.


205 A.D.2d 523 (1994)

612 N.Y.S.2d 674

James G. Smalls, Plaintiff, v. Reliable Auto Service, Inc., Defendant and Third-Party Plaintiff-Respondent. Nationwide Mutual Insurance Company, Third-Party Defendant-Appellant

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

June 6, 1994


Ordered that the order and judgment is reversed, on the law, with costs, and it is declared that Nationwide Mutual Insurance Company is not obligated to defend or indemnify Reliable Auto Service, Inc., in connection with the personal injury action.

It is settled that an insured must give notice of an accident to its insurer within the time limit provided in the insurance policy or within a reasonable time thereafter under all the circumstances (see, Security...

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