VARRICHIO AND ASSOC. v. CHICAGO INS. CO.

Docket No. 02-7002.

328 F.3d 50 (2003)

MARK A. VARRICHIO AND ASSOCIATES, Mark A. Varrichio, Individually, Plaintiffs-Appellants, v. CHICAGO INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Question certified: November 14, 2002.

Dismissed and certification withdrawn: April 22, 2003.

Errata Filed: April 28, 2003.


Attorney(s) appearing for the Case

MARK A. VARRICHIO (Rocco Ernesto Vozza, Vozza & Vozza, Mount Kisco, N.Y. on the brief), for Plaintiffs-Appellants.

STEVEN A. COPLOFF, Steinberg & Cavaliere, LLP, White Plains, N.Y., for Defendant-Appellee.

Before: LEVAL, CALABRESI, and POOLER, Circuit Judges.


Question certified to the New York Court of Appeals: November 14, 2002.

PER CURIAM.

On November 14, 2002, this court certified the following question to the New York Court of Appeals:

Where an insured has already complied with a policy's notice of claim requirement, does New York require the insurer to demonstrate prejudice in order to disclaim coverage based on the insured's failure to comply with the policy's notice of suit requirement?

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