Anand v. GA Insurance
Cases that cite this one
8 later published cases cite this decision.
- Wesco Ins. Co. v. Fulmont Mut. Ins. Co. (Appellate Division of the Supreme Court of New York 2023)
- Kyong Jae Lee v. Lancer Insurance (Appellate Division of the Supreme Court of New York 2013)
- Kyong Jae Lee v. Lancer Insurance (Appellate Division of the Supreme Court of New York 2013)
- Commissioners of State Insurance Fund v. Keith Staulcup (Appellate Division of the Supreme Court of New York 2012)
- Commissioners of State Insurance Fund v. Keith Staulcup (Appellate Division of the Supreme Court of New York 2012)
- Ebasco Constructors, Inc. v. Aetna Insurance (Appellate Division of the Supreme Court of New York 1999)
- New York Casualty Insurance v. Shaker Pine, Inc. (Appellate Division of the Supreme Court of New York 1999)
- Cheperuk v. Liberty Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In March and April 1992, the premises owned by Rego Junction, which had yet to open for business, was burglarized. These burglaries occurred during the construction of the office and the only items taken were parts of a magnetic resonance imaging machine (hereinafter MRI) that the P. C. had purchased from Siemens Medical Systems, Inc. (hereinafter Siemens). Because the March burglary reportedly occurred during the installation of the MRI, it was reported only to Siemens as there was a possibility that replacement parts would be furnished by Siemens at no charge to the P. C. Following the April burglary, the insurance broker who sold the special business owners policy to Rego Junction was promptly notified. However, it appears that due to the highly complicated and technical nature of the MRI machine, a Siemens technician had to identify and value each of the missing parts before an itemized claim could be made. A property loss notice was submitted on or about April 24, 1992.
Under the circumstances of this case, the court improvidently exercised its discretion in denying that branch of the cross motion which was to add causes of action to reform the policy of insurance. As this Court has previously held, when it is established that as a result of an innocent mistake of an applicant for insurance the identity of the owner is misdescribed, the error is mutual for purposes of reformation, notwithstanding that the insurer is unaware of the error (see, Crivella v
There are issues of fact as to whether the issuance of the business owners policy to Rego Junction rather than to the P. C. was the result of a mutual mistake as to the identity of the actual insured. We also find that issues of fact exist as to whether notice of the burglaries was provided to the defendant within a reasonable time in light of all of the attendant circumstances (see, Argentina v Ostego Mut. Fire Ins. Co., 86 NY2d 748). Therefore, the defendant’s motion for summary judgment dismissing the complaint should be denied, and further proceedings are warranted on the amended complaint. Rosenblatt, J. P., Miller, Pizzuto and Goldstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.