ACE PACKING CO. v. CAMPBELL


41 A.D.3d 12 (2007)

835 N.Y.S.2d 32

ACE PACKING CO., INC., Respondent-Appellant, v. CAMPBELL SOLBERG ASSOCIATES, INC., Respondent-Appellant, and UTICA FIRST INSURANCE COMPANY, Appellant-Respondent, et al., Defendant.

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

April 10, 2007.


Attorney(s) appearing for the Case

Farber Brocks & Zane, LLP, Mineola (Audra S. Zane and Braden H. Farber of counsel), for Utica First Insurance Company, appellant-respondent.

Hubell & Associates, New York City (Richard A. Hubell of counsel), for Ace Packing Co., Inc., respondent-appellant.

Lustig & Brown, LLP, New York City (Ellen Nimaroff of counsel), for Campbell Solberg Associates, Inc., respondent-appellant.

TOM, J.P., SAXE, SWEENY and MALONE, JJ., concur.


OPINION OF THE COURT

KAVANAGH, J.

Defendant insurer Utica First disclaimed coverage, claiming that plaintiff insured failed to satisfy the requirements of the governing insurance policy by providing timely notice of the claim to the insurer. Supreme Court found that the insurer's disclaimer was untimely as a matter of law, concluding that the grounds for disclaiming were readily apparent to the insurer based upon the documents submitted, and thus the insurer...

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