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SERRAVILLO v. STERLING INSURANCE COMPANY

261 A.D.2d 384 (1999)

689 N.Y.S.2d 521

CARMELA SERRAVILLO, Appellant, v. STERLING INSURANCE COMPANY, Respondent.

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

Decided May 3, 1999.

Ordered that the order is affirmed, with costs.

It is well established that the failure to comply with provisions of an insurance policy requiring timely notice of an accident vitiates the contract, both as to the insured and to one injured or damaged by his acts (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 N.Y.2d 436, 440; Deso v London & Lancashire Indem. Co., 3 N.Y.2d 127

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