QBE INS. CORP. v. D. GANGI CONTR. CORP.

1310, 604393/06.

66 A.D.3d 593 (2009)

888 N.Y.S.2d 474

2009 NY Slip Op 7745

QBE INSURANCE CORPORATION, Respondent, v. D. GANGI CONTRACTING CORP., Appellant, et al., Defendants.

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

Decided October 29, 2009.


QBE properly disclaimed coverage on the ground of late notice of the underlying accident. The subject insurance policy required Gangi, the insured, to give QBE notice of an occurrence as soon as reasonably practicable, and provided that "[k]nowledge . . . by Your [i.e., Gangi's] agent, servant or employee shall not in itself constitute knowledge of you unless the Corporate Risk Manager of Your corporation shall have received notice of such Occurrence." The claimed lack of...

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