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GREAT CANAL REALTY CORP. v. SENECA INSURANCE COMPANY, INC.

13 A.D.3d 227 (2004)

787 N.Y.S.2d 22

GREAT CANAL REALTY CORP., Respondent v. SENECA INSURANCE COMPANY, INC., Appellant.

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

December 21, 2004

Ellerin and Catterson, JJ., concur in a memorandum by Catterson, J., as follows:

In this declaratory judgment action, the Court is confronted with the validity of the no-prejudice exception in New York whereby an insurer can disclaim coverage without demonstrating prejudice when its disclaimer is based on late notice of an occurrence.

The underlying action in this case involves an accident that occurred on May 7, 2002. Song Thor Chong sustained injuries when...

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