Travelers Indemnity Co. v. Worthy
Cases that cite this one
19 later published cases cite this decision.
- Sayed v. Macari (Appellate Division of the Supreme Court of New York 2002)
- Hanson v. Turner Construction Co. (Appellate Division of the Supreme Court of New York 2010)
- Steinberg v. Hermitage Insurance (Appellate Division of the Supreme Court of New York 2006)
- Gershow Recycling Corp. v. Transcontinental Insurance (Appellate Division of the Supreme Court of New York 2005)
- Viggiano v. Encompass Insurance (Appellate Division of the Supreme Court of New York 2004)
- Maxi-Aids, Inc. v. General Accident Insurance Co. of America (Appellate Division of the Supreme Court of New York 2003)
- Nationwide Insurance v. Empire Insurance Group (Appellate Division of the Supreme Court of New York 2002)
- Spentrev Realty Corp. v. United National Specialty Insurance (Appellate Division of the Supreme Court of New York 2011)
- Essex Insurance v. Oakwood Construction Corp. (Appellate Division of the Supreme Court of New York 2009)
- Seneca Insurance v. W.S. Distribution, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Zeldin v. Interboro Mutual Indemnity Insurance (Appellate Division of the Supreme Court of New York 2007)
- Vacca v. State Farm Insurance (Appellate Division of the Supreme Court of New York 2005)
- Sault, Inc. v. Hermitage Insurance (Appellate Division of the Supreme Court of New York 2005)
- In re First Central Insurance (Appellate Division of the Supreme Court of New York 2004)
- Government Employees Insurance v. Jones (Appellate Division of the Supreme Court of New York 2004)
- Pile Foundation Construction Co. v. Investors Insurance (Appellate Division of the Supreme Court of New York 2003)
- Eagle Insurance v. Zuckerman (Appellate Division of the Supreme Court of New York 2003)
- Pierre v. Providence Washington Insurance (Appellate Division of the Supreme Court of New York 2001)
- Robustelli v. Chicago Insurance (Appellate Division of the Supreme Court of New York 2001)
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 an action for a judgment declaring, inter alia, that the plaintiff is not obligated to defend and indemnify the defendants John Worthy, III, Patricia Worthy, and Michael Worthy in an underlying action entitled McDonald v Excellent, pending in the Supreme Court, Queens County, under Index No. 3667/95, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Lally, J.), dated September 21, 1999, as denied its cross motion for summary judgment declaring that it is not obligated to defend and indemnify the Worthy defendants in the underlying action.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the plaintiff is not obligated to defend and indemnify the Worthy defendants in the underlying action.
Where an insurance policy, such as the one in this case, requires an insured to provide notice of an accident or loss as soon as practicable, such notice must be provided within a reasonable time in view of all of the facts and circumstances (see, Merchants Mut. Ins. Co. v Hoffman, 56 NY2d 799). Providing an insurer with timely notice of a potential claim is a condition precedent, and thus “[a]bsent a valid excuse, a failure to satisfy the notice requirement vitiates the policy” (Security Mut. Ins.
The plaintiff established, prima facie, its entitlement to judgment as a matter of law. In opposition, the excuses offered by the plaintiff’s insureds, John Worthy, III, Patricia Worthy, and Michael Worthy (hereinafter the insureds), failed to raise a triable issue of fact as to whether the one-year and three-month delay in notifying the plaintiff was reasonable. There was no evidence of a good-faith belief in nonliability (cf., Merchants Mut. Ins. Co. v Hoffman, supra). Further, the excuses asserted to explain the insureds’ failure to notify the plaintiff, namely, a good-faith belief that the loss was not covered under the terms of the insurance policy, that notification of their insurance agent was notification of the insurer, and their mistaken belief that their attorney had communicated with the attorney for the injured party, were insufficient as a matter of law to excuse the delay (see, Serravillo v Sterling Ins. Co., 261 AD2d 384; Horowitz v Transamerica Ins. Co., 257 AD2d 560).
Further, the injured party did not provide the plaintiff with written notice of the claim (see, Insurance Law § 3420 [a] [3]; Eveready Ins. Co. v Chavis, 150 AD2d 332). The plaintiff was not required to cite the injured party’s failure to notify it in its disclaimer letter (see, Agway Ins. v Alvarez, 258 AD2d 487).
Accordingly, the plaintiff is entitled to summary judgment, and the matter is remitted for the entry of a judgment declaring that the plaintiff is not obligated to defend or indemnify its insureds in the underlying action (see, Lanza v Wagner, 11 NY2d 317, 334, appeal dismissed 371 US 74, cert denied 371 US 901). O’Brien, J. P., Friedmann, Goldstein and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.