PUBLIC SERVICE MUTUAL INSURANCE COMPANY v. HARLEN HOUSING ASSOCIATES


7 A.D.3d 421 (2004)

777 N.Y.S.2d 438

PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Appellant, v. HARLEN HOUSING ASSOCIATES ET AL., Respondents, ET AL., Defendant.

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

May 20, 2004.


Plaintiff insurer timely and properly disclaimed coverage on the ground of untimely notice of the underlying incident, the May 13, 2001 shooting of Theodore Thompson, a tenant at an apartment building owned by defendant Harlen Housing and managed by defendant MHR.

The commercial general liability policy plaintiff issued to Harlen covering the building in question requires the insured to "see to it that we are notified as soon as practicable of an `occurrence' or an...

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