EVEREADY INSURANCE COMPANY v. JOHNSON


299 A.D.2d 261 (2002)

750 N.Y.S.2d 51

EVEREADY INSURANCE COMPANY, Appellant, v. SHANE JOHNSON et al., Respondents, and TRAVELERS INDEMNITY COMPANY, Respondent.

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

Decided November 21, 2002.


The stay was properly denied upon a record establishing that additional respondent Travelers Indemnity Company did not receive notice of the accident involving its and Eveready's insureds until served with the instant petition some 18 months after the accident. While some of this delay can be attributed to the incorrect information provided by Travelers' insured at the accident scene that his insurer was additional respondent Allstate Insurance Company, the larger part of...

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