Landlord Didn't Notify Insurer on Time About Fire

April 1, 2002

LVT Number: 15707

Landlord sued insurer, claiming that it had to defend landlord against a claim based on a 1996 fire in the building. The insurer had issued a policy to a risk-purchasing group for rent-stabilized apartment buildings. Landlord applied to the risk-purchasing group through an insurance broker for excess liability insurance from the insurer. The insurer said that the first time it received notice of the 1996 fire was in 1999. So landlord didn't notify the insurer of the claim on time. Landlord claimed that it gave notice on time in 1996 when it notified the risk-purchasing group of the fire.

Landlord sued insurer, claiming that it had to defend landlord against a claim based on a 1996 fire in the building. The insurer had issued a policy to a risk-purchasing group for rent-stabilized apartment buildings. Landlord applied to the risk-purchasing group through an insurance broker for excess liability insurance from the insurer. The insurer said that the first time it received notice of the 1996 fire was in 1999. So landlord didn't notify the insurer of the claim on time. Landlord claimed that it gave notice on time in 1996 when it notified the risk-purchasing group of the fire. The insurer asked the court to dismiss the case without a trial. The court ruled for the insurer. The insurer didn't act in any way that would cause anyone to believe that the risk-purchasing group was its agent.

Green Door Realty Corp. v. TIG Ins. Co.: NYLJ, 3/27/02, p. 31, col. 3 (U.S. Ct. App. SDNY; Casey, J)

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