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AAA SPRINKLER CORP. v. GENERAL STAR NATIONAL INSURANCE COMPANY

271 A.D.2d 331 (2000)

705 N.Y.S.2d 582

AAA SPRINKLER CORP. et al., Plaintiffs, and HARRY J. RASHTI & CO., INC., et al., Appellants, v. GENERAL STAR NATIONAL INSURANCE COMPANY et al., Defendants, and NEW YORK MARINE AND GENERAL INSURANCE COMPANY, Respondent.

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

Decided April 20, 2000.

The motion court properly determined that defendant-respondent, a general liability insurer, had not acted in bad faith when it failed to notify its insured or the insured's excess liability carrier of the possibility of a judgment in excess of the primary policy limits (see, Monarch Cortland v Columbia Cas. Co., 224 A.D.2d 135, 137, lv denied 89 N.Y.2d 807). The insured was contractually obligated to notify its excess carrier...

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