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HERMITAGE INS. CO. v. JDG LEXINGTON CORP.

8194, 102639/11.

99 A.D.3d 428 (2012)

952 N.Y.S.2d 14

2012 NY Slip Op 6632

HERMITAGE INSURANCE COMPANY, Appellant, v. JDG LEXINGTON CORP. et al., Respondents.

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

October 4, 2012.

Notwithstanding the fact that the insured may have mistakenly believed, based on the lease of its commercial tenant, that it was not responsible for the area where the plaintiff in the underlying action fell, the insured had a duty to report the possibility of a claim as soon as practicable (see Paramount Ins. Co. v Rosedale Gardens, 293 A.D.2d 235, 239-240 [1st Dept 2002]).

Moreover, it is undisputed that the insured did...

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