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SPHERE DRAKE INS. CO. v. ASPEN TREE SPECIALISTS, INC.

234 A.D.2d 358 (1996)

651 N.Y.S.2d 881

Sphere Drake Insurance Co., Appellant, v. Aspen Tree Specialists, Inc., et al., Respondents

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

December 9, 1996

Ordered that the order and judgment is 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" (D'Aloia v Travelers Ins. Co., 85 N.Y.2d 825

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