CICERO v. GREAT AMERICAN INSURANCE COMPANY


53 A.D.3d 461 (2008)

863 N.Y.S.2d 395

LYDIA CICERO et al., Respondents, v. GREAT AMERICAN INSURANCE COMPANY et al., Appellants.

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

Decided July 29, 2008.


Great American disclaimed coverage in the underlying action for personal injuries, brought by plaintiffs herein, because it did not receive timely notice of the accident from its insured, the defendant in the underlying action (Western Beef). Western Beef then commenced a declaratory judgment action against, among others, Great American and the broker who sold it the excess insurance as to the rights and obligations of the parties under the excess insurance policy (Western...

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