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THE DOE FUND, INC. v. ROYAL INDEMNITY COMPANY

34 A.D.3d 399 (2006)

825 N.Y.S.2d 450

THE DOE FUND, INC., et al., Appellants, v. ROYAL INDEMNITY COMPANY, Respondent, et al., Defendants.

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

Decided November 30, 2006.

In this declaratory judgment action, plaintiffs sought to test the validity of Royal Indemnity's disclaimer of coverage based on late notice of claim. The alleged "occurrence" took place in 2003 when a trainee of plaintiff Doe Fund, operating an electric power utility vehicle, struck defendant Greenberg, the plaintiff in the underlying personal injury action. Greenberg was taken to a hospital by ambulance. Even though Doe Fund's chief financial officer was aware of these...

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