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YOUNG ISRAEL CO-OP CITY v. GUIDEONE MUTUAL INSURANCE COMPANY

52 A.D.3d 245 (2008)

859 N.Y.S.2d 171

YOUNG ISRAEL CO-OP CITY et al., Respondents, v. GUIDEONE MUTUAL INSURANCE COMPANY, Appellant.

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

Decided June 5, 2008.

The court improperly found that plaintiffs' 40-day delay in notifying defendant of the motor vehicle accident was reasonable as a matter of law (see Pandora Indus. v St. Paul Surplus Lines Ins. Co., 188 A.D.2d 277 [1992]). Under the insurance policy at issue, which required "prompt notice" of any accident or loss, plaintiffs' timely forwarding of the claim letter was not adequate notice (see e.g. City of New York v Continental...

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