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DALEY v. TRAVELERS CASUALTY AND SURETY CO.

301 A.D.2d 364 (2003)

752 N.Y.S.2d 853

SOPHIA DALEY, Appellant, v. TRAVELERS CASUALTY AND SURETY CO. et al., Respondents.

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

Decided January 7, 2003.

Issues of fact exist as to whether plaintiff gave defendant notice of the action as soon as reasonably possible (Insurance Law § 3420 [a] [4]). Such notice cannot be imputed to defendant on the basis of its knowledge of and eventual acceptance of plaintiff's no-fault claim (see Matter of Country-Wide Ins. Co. [Eun Kyu Park], 277 A.D.2d 175). We have considered and rejected plaintiff's other...

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