Columbia University Press, Inc. v. Travelers Indemnity Co. of America
Cases that cite this one
10 later published cases cite this decision.
- Integrated Construction Services, Inc. v. Scottsdale Insurance (Appellate Division of the Supreme Court of New York 2014)
- AH Property, LLC v. New Hampshire Insurance (Appellate Division of the Supreme Court of New York 2012)
- AH Property, LLC v. New Hampshire Insurance (Appellate Division of the Supreme Court of New York 2012)
- Aspen Insurance Uk Ltd. v. Nieto (Appellate Division of the Supreme Court of New York 2016)
- Guideone Insurance v. Darkei Noam Rabbinical College (Appellate Division of the Supreme Court of New York 2014)
- Vale v. Vermont Mutual Insurance Group (Appellate Division of the Supreme Court of New York 2013)
- Vale v. Vermont Mutual Insurance Group (Appellate Division of the Supreme Court of New York 2013)
- Chiarello v. Rio (Appellate Division of the Supreme Court of New York 2012)
- Chiarello v. Rio (Appellate Division of the Supreme Court of New York 2012)
- Kaess v. State (N.Y. Ct. Cl. 2011)
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
Where, as here, a policy of liability insurance requires that notice of an occurrence be given “as soon as practicable,” such notice must be given to the carrier within a reasonable period of time (see Sorbara Constr. Corp. v AIU Ins. Co., 11 NY3d 805, 806 [2008]; Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 NY3d 742, 743 [2005]; Security Mut. Ins. Co. of N.Y. v Acker-Fitzsimons Corp., 31 NY2d 436, 441 [1972]). With respect to policies issued before January 17, 2009 (see Insurance Law § 3420 [c] [2] [A]), as the subject policy was, an insurer could disclaim coverage when the insured failed to satisfy the notice condition, without regard to whether the insurer was prejudiced by the insured’s failure to satisfy such condition (see Zimmerman v Peerless Ins. Co., 85 AD3d 1021, 1023 [2011]; Ponok Realty Corp. v United Natl. Specialty Ins. Co., 69 AD3d 596, 596-597 [2010]). The insured’s failure to satisfy the notice requirement constitutes “a failure to comply with a condition precedent which, as a matter of law, vitiates the contract” (Argo
Here, the defendant made a prima facie showing of entitlement to judgment as a matter of law based on the plaintiffs approximately eight-month delay in notifying the defendant of the underlying incident (see Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 NY3d 742 [2005]; Argentina v Otsego Mut. Fire Ins. Co., 86 NY2d at 750; Zimmerman v Peerless Ins. Co., 85 AD3d 1021 [2011]; McGovern-Barbash Assoc., LLC v Everest Natl. Ins. Co., 79 AD3d 981, 983 [2010]; Evangelos Car Wash, Inc. v Utica First Ins. Co., 45 AD3d 727 [2007]; 120 Whitehall Realty Assoc., LLC v Hermitage Ins. Co., 40 AD3d 719 [2007]). However, in opposition, the plaintiff raised a triable issue of fact as to whether the delay was reasonably based on a good-faith belief of nonliability (see 25th Ave., LLC v Delos Ins. Co., 84 AD3d 781 [2011]; North Country Ins. Co. v Jandreau, 50 AD3d 1429 [2008]; St. James Mech., Inc. v Royal & Sunalliance, 44 AD3d at 1031-1032; Jordan Constr. Prods. Corp. v Travelers Indem. Co. of Am., 14 AD3d 655 [2005]; G.L.G. Contr. Corp. v Aetna Cas. & Sur. Co., 215 AD2d 821, 822 [1995]; Triantafillou v Colonial Coop. Ins. Co., 178 AD2d 925, 926 [1991]). Accordingly, the Supreme Court properly denied that branch of the defendant’s motion which was for summary judgment declaring that it was not obligated to defend or indemnify the plaintiff in the underlying action. Angiolillo, J.E, Florio, Leventhal and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.