AM HOME ASSUR v. INTL INS CO


90 N.Y.2d 433 (1997)

684 N.E.2d 14

661 N.Y.S.2d 584

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.

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.


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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