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AMERICAN TRANSIT INSURANCE COMPANY v. B.O. ASTRA MANAGEMENT CORP.

39 A.D.3d 432 (2007)

835 N.Y.S.2d 106

AMERICAN TRANSIT INSURANCE COMPANY, Appellant, v. B.O. ASTRA MANAGEMENT CORP. et al., Defendants, and KUOK HANG LEONG, Respondent.

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

Decided April 26, 2007.

Having received timely notice of claim, plaintiff insurer was not entitled to disclaim coverage based on untimely notice of the claimant's commencement of litigation unless it was prejudiced by the late notice (see Rekemeyer v State Farm Mut. Auto. Ins. Co., 4 N.Y.3d 468, 476 [2005]; Matter of Brandon [Nationwide Mut. Ins. Co.], 97 N.Y.2d 491

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