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D'ALOIA v. TRAVELERS INS. CO.

85 N.Y.2d 825 (1995)

647 N.E.2d 1345

623 N.Y.S.2d 837

Arthur D'Aloia et al., Respondents, v. Travelers Insurance Co., Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 9, 1995.

Attorney(s) appearing for the Case

Conway, Farrell, Curtin & Kelly, P. C., New York City (Johathan T. Uejio of counsel), for appellant.

Stacey E. Charkey, Brooklyn, and Frank A. Composto for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. When the facts of an occurrence are such that an insured acting in good faith would not reasonably believe that liability will result, notice of the occurrence is given "as soon as possible" if given promptly after the insured receives notice that a claim will in fact be made (see, Merchants Mut. Ins. Co. v Hoffman,

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