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LONG ISLAND LIGHTING COMPANY v. ALLIANZ UNDERWRITERS INSURANCE COMPANY

24 A.D.3d 172 (2005)

805 N.Y.S.2d 74

LONG ISLAND LIGHTING COMPANY, Plaintiff, and KEYSPAN CORPORATION, Appellant, v. ALLIANZ UNDERWRITERS INSURANCE COMPANY et al., Defendants, and CENTURY INDEMNITY COMPANY et al., Respondents.

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

December 8, 2005.

Plaintiff failed to satisfy its obligation under the subject policies to give notice upon the happening of an occurrence "reasonably likely" to involve the policies. Such occurrence happened not when plaintiff was sued in the underlying action some five weeks before giving defendants notice of the Syosset claim, but almost six months earlier, when plaintiff received a letter from the underlying plaintiff's lawyer threatening a lawsuit over the Syosset site (see Christiania...

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