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EVEREADY INSURANCE COMPANY v. ROBINSON

300 A.D.2d 436 (2002)

751 N.Y.S.2d 419

EVEREADY INSURANCE COMPANY, Appellant, v. UTHER I. ROBINSON et al., Respondents, et al., Defendants.

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

Decided December 16, 2002.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court correctly determined that, under the circumstances of this case, the belief of the defendants Uther I. Robinson and Eugene Robinson that they would not be subject to liability was reasonable. Consequently, their delay in notifying the plaintiff Eveready Insurance Company (hereinafter Eveready) of the accident was excusable (see Argentina v Otsego Mut. Fire Ins. Co.,

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