VERMONT MUT. INS. CO. v. MOWERY CONSTR., INC.

513824.

96 A.D.3d 1218 (2012)

946 N.Y.S.2d 702

2012 NY Slip Op 4814

VERMONT MUTUAL INSURANCE COMPANY, Appellant, v. MOWERY CONSTRUCTION, INC., Defendant, and JAMES CIUFFO, Respondent.

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

June 14, 2012.


Mercure, J.

In March 2005, defendant James Ciuffo was injured while working at a construction site overseen by defendant Mowery Construction, Inc., a general contractor. Mowery failed to inform plaintiff, its liability insurer, of the incident until Ciuffo commenced a personal injury action against it over two years later. In January 2008, plaintiff sent Mowery a reservation of rights letter in which it agreed to provide a defense in the personal injury action subject...

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