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319 McKIBBEN ST. CORP. v. GEN. STAR NAT'L INS. CO.

245 A.D.2d 26 (1997)

664 N.Y.S.2d 785

319 McKibben Street Corp., Respondent, v. General Star National Insurance Company, Appellant, and AAA Sprinkler Corp. et al., Respondents. (And a Third-Party Action.) Josef Apparel, Inc., et al., Second Third-Party Plaintiffs, v. General Star National Insurance Company, Second Third-Party Defendant-Appellant, and AAA Sprinkler Corp. et al., Second Third-Party Defendants-Respondents

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

December 4, 1997

The issue in this declaratory judgment action is the validity of a disclaimer of coverage by an excess insurer on the ground of untimely notice. Defendant General Star National Insurance Company (General Star) issued a liability insurance policy to defendant AAA Sprinkler Corp. (AAA Sprinkler), a sprinkler maintenance company, insuring it against liability on an excess basis in the sum of $9,000,000 per occurrence and in the aggregate over the $1,000,000 policy issued by...

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