CICERO v. GREAT AM. INS. CO.

3615N.

2008 NY Slip Op 06430

LYDIA CICERO, ET AL., Plaintiffs-Respondents, v. GREAT AMERICAN INSURANCE COMPANY, ET AL., Defendants-Appellants.

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

Decided July 29, 2008.


Attorney(s) appearing for the Case

London Fischer LLP, New York (Daniel Zemann, Jr. of counsel), for appellants.

Russo, Keane & Toner, LLP, New York (Thomas F. Keane of counsel), for respondents.

Before: Tom, J.P., Andrias, Nardelli, Williams, JJ.


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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