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BRIGGS AVE v. INSURANCE CORP. OF HANNOVER

11 N.Y.3d 377 (2008)

BRIGGS AVENUE LLC, Appellant, v. INSURANCE CORPORATION OF HANNOVER, Respondent.

Court of Appeals of the State of New York.

decided November 20, 2008.

Attorney(s) appearing for the Case

Scher & Scher, P.C., Great Neck (Robert A. Scher and Daniel J. Scher of counsel), for appellant.

White Fleischner & Fino, LLP, New York City (Nancy D. Lyness of counsel), for respondent.

Melito & Adolfsen PC., New York City (Ignatius John Melito, S. Dwight Stephens and David DePasquale of counsel), and Wiley Rein LLP Washington DC (Laura A. Foggan and Benjamin Theisman of counsel), for Complex Insurance Claims Litigation Association, amicus curiae.

OPINION OF THE COURT

SMITH, J.

We hold that a liability insurer is entitled to disclaim coverage when the insured, because of its own error in failing to update the address it had listed with the Secretary of State, did not comply with a policy condition requiring timely notice of a lawsuit.

Briggs Avenue LLC is the owner of a building in the Bronx. The company was incorporated in 1999. Shaban Mehaj...

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