CIRONE v. TOWER INS. CO.

2300, 600272/08

76 A.D.3d 883 (2010)

908 N.Y.S.2d 178

BARBARA J. CIRONE, et al., Appellants, v. TOWER INSURANCE COMPANY OF NEW YORK, Respondent.

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

Decided September 21, 2010.


Plaintiffs were injured when struck by an employee of Navana Restaurant, Inc., who was making deliveries on a bicycle. Plaintiffs commenced a personal injury action against Navana, who was insured under a policy issued by Tower. Tower brought a declaratory judgment action against Navana to confirm the propriety of its disclaimer of coverage, and the court granted Tower summary judgment on the grounds that Navana's delay in notifying Tower of the occurrence was not reasonably...

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