KVEST LLC v. COHEN

5321, 110098/07, 5322.

86 A.D.3d 481 (2011)

927 N.Y.S.2d 336

2011 NY Slip Op 5984

KVEST LLC, Appellant, v. MITCHELL COHEN et al., Respondents.

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

Decided July 21, 2011.


Plaintiff alleges that its insurance carrier disclaimed coverage because defendants, plaintiff's insurance brokers, failed to timely forward to the carrier an April 26, 2004 claim letter from an injured party's attorney. We reject defendants' contentions that the disclaimer was ineffective and that plaintiff's claims are moot. According to trial testimony in the carrier's declaratory judgment action, the carrier never received the claim letter from defendants. If this is...

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