MATTER OF GOVERNMENT EMPLS. INS. CO. v. TORRES

8425N, 260392/10.

100 A.D.3d 411 (2012)

952 N.Y.S.2d 886

In the Matter of GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. GENIS TORRES et al., Respondents. PRAETORIAN INSURANCE COMPANY et al., Proposed Additional Respondents-Respondents.

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

November 8, 2012.


GEICO's argument regarding the right of respondents, the injured parties, to provide separate notice of the claim under Insurance Law § 3420 (a) (3) was improperly raised for the first time in its reply brief in further support of its petition. Accordingly, the IAS court was under no obligation to consider this fact-based argument (see e.g. Lumbermens Mut. Cas. Co. v Morse Shoe Co., 218 A.D.2d 624<...

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