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THE CINCINNATI INSURANCE COMPANIES v. SIRIUS AMERICA INSURANCE COMPANY

51 A.D.3d 1365 (2008)

856 N.Y.S.2d 800

THE CINCINNATI INSURANCE COMPANIES et al., Respondents, v. SIRIUS AMERICA INSURANCE COMPANY, Appellant, and THOMAS JOHNSON, INC., Respondent.

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

Decided May 2, 2008.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the second decretal paragraph and as modified the judgment is affirmed without costs.

Memorandum:

We conclude that the judgment must be modified for the sole reason that Supreme Court erred in determining therein that the failure of defendant Sirius America Insurance Company (Sirius) to send its notice of disclaimer...

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