LEHRER McGOVERN BOVIS, INC. v. INVESTORS UNDERWRITING MANAGERS, INC.


303 A.D.2d 278 (2003)

757 N.Y.S.2d 27

LEHRER McGOVERN BOVIS, INC., et al., Appellants, v. INVESTORS UNDERWRITING MANAGERS, INC., et al., Respondents.

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

Decided March 20, 2003.


In view of plaintiff's failure to directly notify defendant Investors of the occurrence, as required by the insurance policy; the fact that Investors was aware that the defense of the action was being provided by the State Insurance Fund, to which the plaintiffs' notice of claim had been sent; and the fact that plaintiff was aware that Investors had already and timely declined the claim by its named insured, the IAS court properly held that the failure to disclaim coverage...

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