LANCER INS. CO. v. SUPER VALUE, INC.

2011-08348.

96 A.D.3d 807 (2012)

946 N.Y.S.2d 213

2012 NY Slip Op 4719

LANCER INSURANCE COMPANY, Respondent, v. SUPER VALUE, INC., Appellant, et al., Defendant.

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

June 13, 2012.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the plaintiff is not obligated to defend or indemnify the defendant Super Value, Inc., in the underlying action.

The plaintiff established, prima facie, its entitlement to judgment as a matter of law by showing that it properly disclaimed coverage on the ground of late notice of the underlying accident (see Ciampa...

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