EMPIRE BLUE CROSS AND BLUE SHIELD v. VARIOUS UNDERWRITERS AT LLOYD'S, LONDON, ENGLAND, SUBSCRIBING TO POLICY


1 A.D.3d 291 (2003)

767 N.Y.S.2d 432

EMPIRE BLUE CROSS AND BLUE SHIELD, Appellant, v. VARIOUS UNDERWRITERS AT LLOYD'S, LONDON, ENGLAND, SUBSCRIBING TO POLICY No. 529/LB01053A96000, et al., Respondents.

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

November 25, 2003.


Plaintiff filed suit against various underwriters (Lloyd's), after its claim for losses arising from employee theft was denied for, inter alia, failure to file a timely notice of claim as well as timely proof of loss, and failure to cooperate. The IAS court dismissed the lawsuit because it was not filed within the time period recited in the insurance policy for commencement (i.e., two years from the date of discovery of the loss). Plaintiff argued that it was lulled into...

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