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BAUERSCHMIDT & SONS, INC. v. NOVA CASUALTY COMPANY

2009-07712

69 A.D.3d 668 (2010)

893 N.Y.S.2d 181

2010 NY Slip Op 215

BAUERSCHMIDT & SONS, INC., Respondent, v. NOVA CASUALTY COMPANY, Appellant.

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

Decided January 12, 2010.

Ordered that the order is affirmed, with costs.

Where, as here, a policy of liability insurance requires that notice of an occurrence be given "as soon as practicable," such notice must be accorded to the carrier within a reasonable period of time (see Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 N.Y.3d 742, 743 [2005]; Security Mut. Ins. Co. of N.Y. v Acker-Fitzsimons...

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