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CITY OF NEW YORK v. INVESTORS INSURANCE COMPANY OF AMERICA

5954, 5954A, 401385/06, 5954B

89 A.D.3d 489 (2011)

932 N.Y.S.2d 459

2011 NY Slip Op 7910

CITY OF NEW YORK, Appellant, v. INVESTORS INSURANCE COMPANY OF AMERICA, Respondent.

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

Decided November 10, 2011.

As an additional insured under the policy issued by defendant, plaintiff had, in the absence of an express duty, an implied duty, independent of the named insured's obligation, to provide defendant with timely notice of the occurrence for which it seeks coverage (see Structure Tone v Burgess Steel Prods. Corp., 249 A.D.2d 144 [1998]; Thomson v Power Auth. of State of N.Y., 217 A.D.2d 495

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