1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 106 A.D.3d
  5. 106 A.D.3d 636 (2013)
 

RIVERA v. CORE CONT. CONSTR. 3, LLC

10221, 302797/10, 84243/10.

106 A.D.3d 636 (2013)

966 N.Y.S.2d 50

2013 NY Slip Op 3788

RICHARD RIVERA, Plaintiff, v. CORE CONTINENTAL CONSTRUCTION 3, LLC, et al., Defendants. CORE CONTINENTAL CONSTRUCTION 3, LLC, Third-Party Plaintiff-Respondent, v. MT. HAWLEY INSURANCE COMPANY, Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided May 28, 2013.

The notice provision in the pre-2009 Mt. Hawley policy at issue operates as a condition precedent to coverage, and late notice of an occurrence, absent a valid excuse, vitiates coverage as a matter of law, regardless of any prejudice to Mt. Hawley (see National Union Fire Ins. Co. of Pittsburgh, Pa. v Great Am. E&S Ins. Co., 86 A.D.3d 425, 426 [1st Dept 2011]). Here, the underlying accident occurred on May 26, 2009, and there...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases