SP & S ASSOCIATES, LLC v. INSURANCE COMPANY OF GREATER NEW YORK

4107, 112860/09.

80 A.D.3d 529 (2011)

915 N.Y.S.2d 543

SP & S ASSOCIATES, LLC, Respondent, v. INSURANCE COMPANY OF GREATER NEW YORK, Also Known as GREATER NEW YORK MUTUAL INSURANCE COMPANY, Appellant.

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

Decided January 25, 2011.


The subject insurance policy's notice of claim condition precedent to coverage required the insured corporate plaintiff to notify defendant insurer of an occurrence which might result in a claim "as soon as practicable." The receipt of service of a personal injury summons with notice by the Secretary of State, as plaintiff's designated agent (Limited Liability Company Law §§ 301, 303), constituted receipt by the plaintiff itself (Cedeno v Wimbledon Bldg. Corp...

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