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TOWER INSURANCE OF NEW YORK v. AMSTERDAM APARTMENTS, LLC

4437, 109286/07.

82 A.D.3d 465 (2011)

918 N.Y.S.2d 106

TOWER INSURANCE OF NEW YORK, Respondent, v. AMSTERDAM APARTMENTS, LLC, et al., Appellants, et al., Defendant.

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

Decided March 8, 2011.

Where an insurance policy mandates that notice of an occurrence be given to the insurer "as soon as practicable," the insured's failure to do so vitiates the insurance contract (see Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 N.Y.3d 742, 743 [2005]; Argo Corp. v Greater N.Y. Mut. Ins. Co., 4 N.Y.3d 332, 339 [2005]).

The insureds' building superintendent's knowledge...

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