MARTIN ASSOC., INC. v. ILLINOIS NATL. INS. CO.

446, 306779/12.

137 A.D.3d 503 (2016)

27 N.Y.S.3d 21

2016 NY Slip Op 01616

MARTIN ASSOCIATES, INC., Respondent, et al., Plaintiff, v. ILLINOIS NATIONAL INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided March 8, 2016.


The record demonstrates that information disclosed to Martin's intermediaries, i.e., its insurance broker and its attorneys, between October 2006 and March 2011 suggested a reasonable possibility that the underlying personal injury action would exceed Martin's $1 million primary coverage, thereby triggering Martin's obligation to notify its excess insurer, Illinois National (see Illinois Natl. Ins. Co. v Banc One Acceptance Corp., 2008 WL 5423262, *12, 2008 US Dist...

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