NIELSEN v. TRAVELERS INS. CO.


213 A.D.2d 530 (1995)

624 N.Y.S.2d 912

Phyllis Nielsen, Respondent-Appellant, v. Travelers Insurance Company et al., Defendants, and Physicians Reciprocal Insurers, Appellant-Respondent

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

March 20, 1995


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

We agree with the Supreme Court that a question of fact has been raised as to whether the plaintiff-insured demanded coverage from the defendant-insurer "as soon as practicable" as is required by the insurance policy (see, Mighty Midgets v Centennial Ins. Co., 47 N.Y.2d 12; Security Mut. Ins. Co. v Acker...

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