THE ARGO CORPORATION et al., Appellants,
v.
GREATER NEW YORK MUTUAL INSURANCE COMPANY, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 9, 2005.
Decided April 5, 2005.
Attorney(s) appearing for the Case
Nicoletti Hornig Campise Sweeney & Paige, New York City (David R. Hornig and Julia M. Moore of counsel), for appellants.
Thomas D. Hughes, New York City, and Richard C. Rubinstein for respondent.
Anderson Kill & Olick, P.C., New York City (John B. Berringer and Dennis J. Artese of counsel), for Catholic Health Services of Long Island, amicus curiae.
Hiscock & Barclay, LLP, Albany (Mark W. Blanchfield of counsel), for New York Insurance Association, Inc., amicus curiae.
Rivkin Radler LLP, Uniondale (Evan H. Krinick and Alan C. Eagle of counsel), and Wiley Rein & Fielding LLP, Washington, D.C. (Laura A. Foggan and John C. Yang of counsel), for Complex Insurance Claims Litigation Association, amicus curiae.
Dickstein Shapiro Morin & Oshinsky LLP, New York City (David L. Elkind, Edward Tessler and Elizabeth A. Sherwin of counsel), for KeySpan Corporation, amicus curiae.
Athari Law Office, Utica (Mo Athari of counsel), for Athari Law Office, amicus curiae.
Kirkpatrick & Lockhart Nicholson Graham LLP, New York City (Gerald A. Novack of counsel), Val Washington, Kirkpatrick & Lockhart Nicholson, Graham LLP, Pittsburgh, Pennsylvania (Thomas E. Birsic and Paul K. Stockman of counsel), and Edgar Snyder & Associates, LLC, Pittsburgh, Pennsylvania (James D. Belliveau and Michael H. Rosenzweig of counsel), for Crucible Materials Corporation and others, amici curiae.
Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur; Chief Judge KAYE taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
G.B. SMITH, J.
The issue in this case is whether a primary insurer can disclaim coverage based solely upon a late notice of lawsuit or must show prejudice. We hold that, under the circumstances of this case, plaintiffs' late notice was unreasonable as a matter of law, that the Appellate Division correctly applied Matter ofBrandon (Nationwide Mut. Ins. Co.) (
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