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INSURANCE CORPORATION OF N.Y. v. UNITED STATES FIRE INSURANCE COMPANY

63 A.D.3d 455 (2009)

882 N.Y.S.2d 18

INSURANCE CORPORATION OF NEW YORK, Respondent, v. UNITED STATES FIRE INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided June 9, 2009.

While the motion court found that the insured, defendant BFC Construction Corp., gave late notice of two claims to US Fire, its excess insurer, the court also deemed US Fire's disclaimer untimely. US Fire issued its disclaimers on April 28, 2006, and the court determined that US Fire had notice on March 16, 2006.

However, the record establishes that US Fire actually received proper notice on April 20 rather than March 16. Pursuant to the terms of its excess policy...

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