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ALL AMERICAN FLOORING, LTD. v. THE SIRIUS AMERICA INSURANCE CO.

57 A.D.3d 402 (2008)

870 N.Y.S.2d 22

ALL AMERICAN FLOORING, LTD., Appellant, v. THE SIRIUS AMERICA INSURANCE CO. et al., Respondents.

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

December 30, 2008.

The evidence shows that plaintiff's president was notified of the injured party's accident the day after it occurred, was aware that she was hurt but had refused an ambulance, and did not notify defendants of the possibility of a claim until more than six months later. This was unreasonable as a matter of law (see DiGuglielmo v Travelers Prop. Cas., 6 A.D.3d 344, 345-346 [2004], lv denied...

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