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FUNDING v. FIRST AM. TITLE INS. CO. OF NEW YORK

219 A.D.2d 598 (1995)

631 N.Y.S.2d 81

Wainco Funding, Appellant, v. First American Title Insurance Company of New York, Respondent

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

September 11, 1995

Ordered that the order is affirmed, with costs.

The subject title insurance policy provided that in the event the insured failed to "promptly notify" the insurer of "any lien or encumbrance insured against", the insurer's liability would terminate, "provided that [the] failure to notify shall in no case prejudice the claim of any insured unless the [insurer] shall be actually prejudiced by such failure". It is undisputed...

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