CITY OF NEW YORK v. WELSBACH ELECTRIC CORP.


49 A.D.3d 322 (2008)

852 N.Y.S.2d 134

CITY OF NEW YORK, Respondent-Appellant, v. WELSBACH ELECTRIC CORP., Defendant, and INSURANCE COMPANY OF NORTH AMERICA, Appellant-Respondent.

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

Decided March 11, 2008.


Because defendant Welsbach Electric Corp., the named insured under the policy issued by Century, and the City, an additional insured under the policy, were adverse parties in the underlying action, the City had an independent obligation to provide timely written notice of the claim to Century (see Travelers Ins. Co. v Volmar Constr. Co., 300 A.D.2d 40, 44 [2002]). Further discovery as to whether Welsbach provided timely notice would...

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