The motion court correctly held that CIC has no obligation to defend or indemnify Quaranta in the main action on the ground that Quaranta failed to give CIC notice of plaintiff's potential malpractice claim against him as soon as practicable, as the policy required. Uncontroverted evidence establishes that, for at least 8½ months before he gave CIC notice of plaintiff's malpractice claim, Quaranta could not have had a reasonable belief that plaintiff would not or could...
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