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AJ CONTRACTING COMPANY INC. v. FOREST DATACOM SERVICES INC.

305 A.D.2d 176 (2003)

760 N.Y.S.2d 131

AJ CONTRACTING COMPANY INC., Appellant, v. FOREST DATACOM SERVICES INC., Defendant, and CIGNA PROPERTY & CASUALTY INSURANCE COMPANY, Respondent. (And a Third-Party Action.)

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

Decided May 8, 2003.

The core of the current dispute regarding insurance coverage initially focuses on whether AJ Contracting, as an additional insured under the CIGNA insurance policy procured by Forest Datacom Services, gave proper timely notice of the claim to CIGNA. CIGNA claims that it did not receive the requisite written notice until it was served with the third-party summons and complaint in November 1998, well outside the time frame for proper notice.

The CIGNA policy requires...

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