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AM HOME ASSUR CO v. INTL INS

219 A.D.2d 143 (1996)

641 N.Y.S.2d 241

American Home Assurance Company, Appellant, v. International Insurance Company, Respondent

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

April 11, 1996

Attorney(s) appearing for the Case

Seymour H. Metnick of counsel, New York City (Roy S. Schuchman on the brief; Metnick & Schuchman, P. C., attorneys), for appellant.

Louis G. Corsi of counsel, New York City (Siff Rosen, P. C., attorney), for respondent.

ROSENBERGER, J. P., ELLERIN, KUPFERMAN and NARDELLI, JJ., concur.

MAZZARELLI, J.

The main issue to be resolved on this appeal is whether an excess insurance carrier must allege and demonstrate prejudice when asserting late notice of claim or occurrence as a defense against a claim by a co-excess insurance carrier suing for contribution. Although the need for carriers seeking to disclaim coverage based on late notice has been addressed in the context of primary insurance and...

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