American Home Assurance Company, Respondent,
v.
International Insurance Company, Appellant.
American Home Assurance Company, Respondent,
v.
National Casualty Company, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 8, 1997
Decided June 17, 1997.
Attorney(s) appearing for the Case
Newman & Company, P. C., New York City (Thomas R. Newman of counsel), and Landman Corsi Ballaine & Ford P. C. (Louis G. Corsi and Kelly Reynolds Fogarty of counsel) for appellant in the first above-entitled action.
Thurm & Heller L. L. P., New York City (Michael Miranda, Brian S. Sokoloff and Jeffrey G. Shandel of counsel), for appellant in the second above-entitled action.
Lester Schwab Katz & Dwyer, New York City (Eric Portuguese of counsel), and Cozen and O'Connor (Sheldon Karasik and Ellen M. Spindler of counsel) for respondent in the first and second above-entitled actions.
Kirkpatrick & Lockhart, L. L. P., New York City (David Simon, Marcy L. Kaplan and Jennifer M. Loss of counsel), for Carrier Corporation and others, amici curiae, in the first and second above-entitled actions.
Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.
Court of Appeals of the State of New York.
TITONE, J.
In Unigard Sec. Ins. Co. v North Riv. Ins. Co. (79 N.Y.2d 576), we held that, in contrast to situations involving primary liability insurance policies, the breach of the prompt-notice provisions in a reinsurance policy is not a ground for disclaiming coverage unless the reinsurer can show that it was actually prejudiced by the delay. The issue in this case...
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