Serravillo v. Sterling Insurance
Opinion of the Court
—In an action to collect the proceeds of a homeowner’s insurance policy issued by the defendant, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen, J.), entered May 8, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
It is well established that the failure to comply with provisions of an insurance policy requiring timely notice of an accident vitiates the contract, both as to the insured and to one injured or damaged by his acts (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 NY2d 436, 440; Deso v London & Lancashire Indem. Co., 3 NY2d 127, 129; Jenkins v Burgos, 99 AD2d 217, 219). The policy provision which required the insured to “promptly give * * * notice” to the defendant insur
Furthermore, the insureds’ allegation that they had provided notice of the accident and the underlying personal injury action to their insurance broker cannot be treated as notice to the carrier, since the broker is deemed to be the agent of the insured and not the carrier (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., supra, at 442, n 3; Shaw Temple A.M.E. Zion Church v Mount Vernon Fire Ins. Co., 199 AD2d 374, 376; Kamyr, Inc. v St. Paul Surplus Lines Ins. Co., 152 AD2d 62, 65). There is no evidence of action by the carrier, or facts from which it may be inferred, to support the conclusion that the broker had a general authority to represent the carrier (see, Incorporated Vil. of Pleasantville v Calvert Ins.. Co., 204 AD2d 689; Kamyr, Inc. v St. Paul Surplus Lines Ins. Co., supra). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.