HUDSON INSURANCE COMPANY v. M.J. OPPENHEIM

4104, 604411/05.

81 A.D.3d 427 (2011)

916 N.Y.S.2d 68

HUDSON INSURANCE COMPANY et al., Respondents, v. M.J. OPPENHEIM, as Attorney-in-Fact in Canada for Lloyd's Underwriters, Appellant.

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

Decided February 3, 2011.


Defendant demonstrated as a matter of law that plaintiffs' notice of the claimed loss was untimely. The subject policy required the insured to provide notice of a loss "[a]t the earliest practicable moment after discovery of [the] loss by the Corporate Risk Manager," and provided that "[d]iscovery occurs when the Corporate Risk Manager first becomes aware of facts which would cause a reasonable person to assume that a loss ... has...

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