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GENOVA v. REGAL MARINE INDUSTRIES, INC.

309 A.D.2d 733 (2003)

765 N.Y.S.2d 266

JOHN E. GENOVA et al., Plaintiffs, v. REGAL MARINE INDUSTRIES, INC., et al., Defendants, and RSDEF CORP., Doing Business as DEFEO'S MARINA, Defendant and Third-Party Plaintiff-Respondent. GREAT AMERICAN INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

Decided October 6, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

It is well settled that where an insurance policy requires that notice of an occurrence be given "as soon as practicable," notice must be given within a reasonable time under the facts and circumstances of each case, and the requirement operates as a condition precedent to coverage (see White v City of New York, 81 N.Y.2d 955, 957 [1993]; Unigard...

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