MERRIMACK MUTUAL FIRE INSURANCE COMPANY v. ORSAEO


274 A.D.2d 972 (2000)

711 N.Y.S.2d 819

MERRIMACK MAUTUAL FIRE INSURANCE COMPANY, Appellant, v. GERALD P. ORSAEO, Respondent, et al., Defendant.

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

Decided July 7, 2000.


Judgment unanimously reversed on the law without costs and motion and cross motion denied.

Memorandum:

Supreme Court erred in granting judgment declaring that plaintiff has a duty to defend and indemnify Gerald P. Orsaeo (defendant) in the underlying personal injury action. The record establishes that defendant did not inform plaintiff of the accident that occurred on his premises until approximately seven months after he received a letter from the attorney...

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