151 EAST 26TH STREET ASSOCIATES v. QBE INSURANCE COMPANY


33 A.D.3d 452 (2006)

823 N.Y.S.2d 24

151 EAST 26TH STREET ASSOCIATES, Respondent, v. QBE INSURANCE COMPANY, Appellant.

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

Decided October 19, 2006.


In this action alleging wrongful refusal by defendant to pay a claim for the loss of property insured by it under a policy issued to plaintiff, defendant has waived disclaimer predicated on untimely notice of claim. Defendant never issued a written disclaimer of coverage citing the failure of plaintiff to give "prompt" notice in accordance with the requirement of the policy, and, indeed, did not raise the lack-of-prompt-notice defense until more than three years after receiving...

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