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YORK SPECIALITY FOOD, INC. v. TOWER INSURANCE COMPANY OF NEW YORK

47 A.D.3d 589 (2008)

850 N.Y.S.2d 409

YORK SPECIALITY FOOD, INC., Doing Business as OSCAR'S ON YORK, Respondent, v. TOWER INSURANCE COMPANY OF NEW YORK, Appellant, et al., Defendants.

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

Decided January 31, 2008.

Where a liability insurance policy requires notice of an occurrence to the carrier as soon as practicable, such notice must be given within a reasonable period of time (Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 N.Y.3d 742 [2005]). The insured's noncompliance with this requirement constitutes failure of a condition precedent, thus vitiating the contract as a matter of law, even without a showing of prejudice (Argo Corp...

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