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UNITED STATES FIDELITY AND GUARANTY CO. v. WEIRI

265 A.D.2d 321 (1999)

696 N.Y.S.2d 200

UNITED STATES FIDELITY AND GUARANTY CO., Appellant, v. FRANKLIN WEIRI et al., Respondents.

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

Decided October 4, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The motion for summary judgment was properly denied. The Supreme Court correctly found that although the defendant Franklin Weiri failed to provide his insurer, the plaintiff United States Fidelity and Guaranty Co. (hereinafter USF&G), with timely notice of the occurrence which is the basis of the underlying action against him (see, Rushing v Commercial Cas. Ins. Co., 251 N.Y. 302...

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