SAVIK, MURRAY & AURORA CONSTRUCTION MANAGEMENT CO., LLC v. ITT HARTFORD INSURANCE GROUP

4154, 110593/06

86 A.D.3d 490 (2011)

927 N.Y.S.2d 634

2011 NY Slip Op 6079

SAVIK, MURRAY & AURORA CONSTRUCTION MANAGEMENT CO., LLC, Appellant, v. ITT HARTFORD INSURANCE GROUP et al., Respondents, et al., Defendant.

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

Decided July 28, 2011.


This is an action for a judgment granting reimbursement of defense costs and declaring that defendants, plaintiff's insurers, were obligated to defend and indemnify plaintiff in an arbitration proceeding brought by Farmingdale Development Corporation (FDC). On this record, we find, as a matter or law, that Hartford and QBE did not receive timely notice of the underlying occurrence as required by their respective policies. Plaintiff is a limited liability company managed by...

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