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AMERICAN GUAR. & LIAB. INS. CO. v. ILLINOIS UNION INS. CO.

4496, 652232/11.

153 A.D.3d 1175 (2017)

2017 NY Slip Op 06616

60 N.Y.S.3d 668

AMERICAN GUARANTEE & LIABILITY INSURANCE COMPANY, Appellant, v. ILLINOIS UNION INSURANCE COMPANY, Respondent, et al., Defendant.

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

Decided September 26, 2017.

The motion court correctly determined that NY A to Z failed to give Illinois, its primary insurer, timely notice of the accident giving rise to the claim, thereby vitiating Illinois's obligation to provide coverage (see e.g. Paramount Ins. Co. v Rosedale Gardens, 293 A.D.2d 235 [1st Dept 2002]). NY A to Z's proffered reason for the delay in notification is unavailing (see Tower Ins. Co. of N.Y. v Lin Hsin Long Co.,

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