D'Aloia v. Travelers Insurance
Cases that cite this one
25 later published cases cite this decision.
- Mount Vernon Fire Insurance v. East Side Renaissance Associates (District Court, S.D. New York 1995)
- Teague v. Automobile Insurance (Appellate Division of the Supreme Court of New York 2010)
- Surgical Sock Shop II, Inc. v. U.S. Underwriters Insurance (Appellate Division of the Supreme Court of New York 2008)
- 426-428 West 46th St. Owners, Inc. v. Greater New York Mutual Insurance (Appellate Division of the Supreme Court of New York 2008)
- Jordan Construction Products Corp. v. Travelers Indemnity Co. of America (Appellate Division of the Supreme Court of New York 2005)
- Paramount Insurance v. Rosedale Gardens, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Agoado Realty Corp. v. United International Insurance (Appellate Division of the Supreme Court of New York 2001)
- Morehouse v. Lagas (Appellate Division of the Supreme Court of New York 2000)
- Aviles v. Dryden Mutual Insurance (Appellate Division of the Supreme Court of New York 2000)
- Reynolds Metal Co. v. Aetna Casualty & Surety Co. (Appellate Division of the Supreme Court of New York 1999)
- Agoado Realty Corp. v. United International Insurance (Appellate Division of the Supreme Court of New York 1999)
- Witriol v. Travelers Insurance Group (Appellate Division of the Supreme Court of New York 1998)
- United Talmudical Academy of Kiryas Joel, Inc. v. Cigna Property & Casualty Co. (Appellate Division of the Supreme Court of New York 1998)
- Kaliandasani v. Otsego Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 1998)
- 1700 Associates v. Public Service Mutual Insurance (Appellate Division of the Supreme Court of New York 1998)
- Shaheen, Cappiello, Stein & Gordon, P.A. v. Home Insurance (N.H. 1998)
- Fasanaro v. County of Rockland (Appellate Division of the Supreme Court of New York 1997)
- Marinello v. Dryden Mutual Insurance (Appellate Division of the Supreme Court of New York 1997)
- Hudson City School District v. Utica Mutual Insurance (Appellate Division of the Supreme Court of New York 1997)
- Aetna Casualty & Surety Co. v. Gigante (Appellate Division of the Supreme Court of New York 1996)
- New Pines, Inc. v. North River Insurance (Appellate Division of the Supreme Court of New York 1996)
- Sphere Drake Insurance v. Aspen Tree Specialists, Inc. (Appellate Division of the Supreme Court of New York 1996)
- Argentina v. Otsego Mutual Fire Insurance (N.Y. 1995)
- Kreger Truck Renting Co. v. American Guarantee & Liability Insurance (Appellate Division of the Supreme Court of New York 1995)
- G.L.G. Contracting Corp. v. Aetna Casualty & Surety Co. (Appellate Division of the Supreme Court of New York 1995)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs. When the facts of an occurrence are such that an insured acting in good faith would not reasonably believe that liability will result, notice of the occurrence is given "as soon as possible” if given promptly after the insured receives notice that a claim will in fact be made (see, Merchants Mut. Ins. Co. v Hoffman, 56 NY2d 799). The record before us, which indicates that the injured party’s parents declined the insureds’ offer to pay medical expenses and indicated no intention to sue, supports the affirmed finding below that notice given by the insureds promptly after suit was instituted against them was given "as soon as possible,” notwithstanding that the action was not begun until nearly three years after the occurrence.
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.