SORBARA CONSTRUCTION CORP. v. AIU INS. CO.


11 N.Y.3d 805 (2008)

SORBARA CONSTRUCTION CORPORATION, Appellant, v. AIU INSURANCE COMPANY, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

October 21, 2008.


Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York City (David B. Hamm and Miriam Skolnik of counsel), for appellant.

Hodgson Russ LLP, Buffalo (Kevin D. Szczepanski and Patrick M. Tomovic of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It is well settled that when a policy of liability insurance requires that notice of an occurrence be given "as soon as practicable," such notice must be provided within a reasonable period of time; failure to give such notice relieves the insurer of its obligations under the contract, regardless of whether the insurer was prejudiced by the delay...

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