FOGELBACH v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY

2011-00373.

84 A.D.3d 1154 (2011)

923 N.Y.S.2d 347

SONJA FOGELBACH, Respondent, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Appellant.

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

Decided May 24, 2011.


Ordered that the order is affirmed, with costs.

In opposition to the defendant insurer's prima facie showing of entitlement to judgment as a matter of law based upon the plaintiff's five-month delay in reporting the underlying occurrence to it, the plaintiff raised a triable issue of fact as to whether the delay was reasonable, based upon a good faith belief in her nonliability. Therefore, under these circumstances, the Supreme Court properly denied the defendant...

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