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NEIGHBORHOOD PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC. v. EVEREST NATIONAL INSURANCE COMPANY

4426, 157393/13.

152 A.D.3d 420 (2017)

2017 NY Slip Op 05564

58 N.Y.S.3d 356

NEIGHBORHOOD PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC., Appellant, v. EVEREST NATIONAL INSURANCE COMPANY, Respondent/Third-Party Plaintiff-Respondent. MT. HAWLEY INSURANCE COMPANY, Third-Party Defendant-Appellant.

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

Decided July 11, 2017.

Notification to defendant of the underlying accident approximately four months after plaintiff learned of the accident does not comply with the requirement of the insurance policy that defendant be notified of an occurrence "as soon as practicable"; it constitutes late notice as a matter of law (see e.g. Peerless Ins. Co. v Nationwide Ins. Co., 12 A.D.2d 602 [1st Dept 1960]). Even if plaintiff...

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