LOPEZ v. STATE FARM FIRE & CASUALTY COMPANY


51 A.D.3d 640 (2008)

858 N.Y.S.2d 252

EDUARDO LOPEZ et al., Appellants, v. STATE FARM FIRE & CASUALTY COMPANY, Respondent.

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

Decided May 6, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

Where, as here, the plaintiffs, the injured parties, have commenced a personal injury action against the purported insured, they were required to notify the defendant, the insurer, of the underlying action (see Serravillo v Sterling Ins. Co., 261 A.D.2d 384, 385 [1999]; Government Empls. Ins. Co. v Blecker, 150 A.D.2d 428

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