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SORBARA CONSTRUCTION CORPORATION v. AIU INSURANCE COMPANY

41 A.D.3d 245 (2007)

838 N.Y.S.2d 531

SORBARA CONSTRUCTION CORPORATION, Appellant, v. AIU INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided June 19, 2007.

Where a liability insurance policy requires notice of an occurrence to the carrier as soon as practicable, such notice must be given within a reasonable period of time, and the insured's noncompliance in this respect constitutes failure of a condition precedent (Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 N.Y.3d 742 [2005]), thus vitiating the contract as a matter of law, without a showing of prejudice (Argo Corp. v Greater...

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