The policy required the insureds to notify plaintiff of a possible claim as soon as practicable. The insureds became aware of defendant Maryann Peluso's accident on the night it occurred, but failed to notify the insurer of the possibility of a claim until 14 months later. An insured's good faith belief in its nonliability may excuse the failure to give timely notice (see Great Canal Realty Corp. v Seneca Ins. Co., Inc.,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
TOWER INSURANCE COMPANY OF NEW YORK v. RED ROSE RESTAURANT, INC.
2333, 109554/07.
77 A.D.3d 453 (2010)
908 N.Y.S.2d 681
TOWER INSURANCE COMPANY OF NEW YORK, Respondent, v. RED ROSE RESTAURANT, INC., et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided October 14, 2010.
Decided October 14, 2010.
Appellate Division of the Supreme Court of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
