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THE TRAVELERS INDEMNITY COMPANY v. ORANGE AND ROCKLAND UTILITIES INC.

2843, 603601/02, 2844, 603601/02

73 A.D.3d 576 (2010)

905 N.Y.S.2d 11

THE TRAVELERS INDEMNITY COMPANY, Respondent, v. ORANGE AND ROCKLAND UTILITIES, INC., Appellant, et al., Defendants. THE TRAVELERS INDEMNITY COMPANY, Appellant, v. ORANGE AND ROCKLAND UTILITIES, INC., Respondent, et al., Defendants.

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

Decided May 20, 2010.

Defendant did not give timely notice under the policy, which is a requirement for coverage (Paramount Ins. Co. v Rosedale Gardens, 293 A.D.2d 235, 239-240 [2002]). Defendant's ongoing contacts with environmental regulators about the Nyack site dated back to 1981, and there was even a site inspection by the Environmental Protection Agency in 1985, yet defendant never provided any notice...

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