SCOTT McLAUGHLIN TRUCK & EQUIPMENT SALES, INC. v. SELECTIVE INSURANCE COMPANY OF AMERICA

507604

68 A.D.3d 1619 (2009)

2009 NY Slip Op 10030

893 N.Y.S.2d 297

SCOTT McLAUGHLIN TRUCK & EQUIPMENT SALES, INC., et al., Respondents, v. SELECTIVE INSURANCE COMPANY OF AMERICA, Appellant, and WILLIAM W. WINCHELL SR., as Parent and Guardian of WILLIAM W. WINCHELL JR., an Infant, Respondent.

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

Decided December 31, 2009.


Mercure, J.

William W. Winchell Jr. was injured in 2001 when plaintiff Jeff Paris, an employee of plaintiff Scott McLaughlin Truck & Equipment Sales, Inc., mistakenly lowered a trailer onto Winchell's right foot. McLaughlin's liability insurance carrier, defendant Selective Insurance Company of America, was not notified of the accident until 2005. Selective disclaimed coverage, asserting that McLaughlin had not provided timely notice of the incident.

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