MATTER OF LIBERTY MUTUAL INSURANCE COMPANY v. GALLAGHER

2009-01305

68 A.D.3d 772 (2009)

2009 NY Slip Op 9029

890 N.Y.S.2d 589

In the Matter of LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. RAYMOND E. GALLAGHER et al., Appellants.

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

Decided December 1, 2009.


Ordered that the judgment is affirmed, with costs.

"Where, as here, an insured is required to provide notice of a claim as soon as practicable, such notice must be given within a reasonable time under all of the circumstances" (Matter of State Farm Mut. Auto. Ins. Co. v Bombace, 5 A.D.3d 782, 782 [2004]; see Security Mut. Ins. Co. of N.Y. v Acker-Fitzsimons Corp., 31 N.Y.2d 436,...

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