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TOWER INSURANCE COMPANY OF NEW YORK v. MILES

2943, 101692/08.

74 A.D.3d 410 (2010)

903 N.Y.S.2d 16

TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. BRUCE MILES et al., Respondents, et al., Defendants.

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

Decided June 1, 2010.

Where, as here, the contract of insurance requires the insured to notify its liability carrier of a potential claim "as soon as practicable," such requirement acts as a condition precedent to coverage (Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 N.Y.3d 742, 743 [2005]), and the insured's failure to provide timely notice of an occurrence vitiates the contract as a matter of...

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