LIBERTY MUTUAL FIRE INSURANCE COMPANY v. NAVIGATORS INSURANCE COMPANY

5602. 653341/13.

158 A.D.3d 431 (2018)

67 N.Y.S.3d 816

2018 NY Slip Op 00631

LIBERTY MUTUAL FIRE INSURANCE COMPANY, As Subrogee of Edison Properties, LLC, et al., Respondents, v. NAVIGATORS INSURANCE COMPANY, Appellant.

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

Decided February 1, 2018.


An insurer's duty to cover the losses of its insured "is not triggered unless the insured gives timely notice of loss in accordance with the terms of the insurance contract" (Travelers Ins. Co. v Volmar Constr. Co., 300 A.D.2d 40, 42 [1st Dept 2002] [internal quotation marks omitted]). "Even if the insurance policy were construed as specifying that only the named insured ... was required...

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