KAMBOUSI RESTAURANT, INC. v. BURLINGTON INSURANCE COMPANY


58 A.D.3d 513 (2009)

871 N.Y.S.2d 129

KAMBOUSI RESTAURANT, INC., Trading as ROYAL COACH DINER, Appellant, v. BURLINGTON INSURANCE COMPANY, Respondent.

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

January 20, 2009.


The issue before this Court is whether plaintiff insured's five- or six-month delay in notifying its liability insurer about an incident may be excused based on a reasonable belief of nonliability. Defendant Burlington Insurance Company issued a liability insurance policy to plaintiff, the owner of a diner, which required it to notify Burlington "as soon as practicable of an `occurrence' or an offense which may result in a claim." The manager of the diner attested that, on...

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