Landlord Didn't Promptly Notify Insurer

September 30, 1995

LVT Number: 10025

Pedestrian slipped and fell in landlord's building in December 1989. In January 1990 pedestrian sued landlord for negligence. Landlord didn't notify its insurer of pedestrian's court action until April 1990. The insurer refused to defend landlord, and landlord sued insurer. The court ruled against landlord. Landlord didn't notify the insurer promptly after the court action was begun. Under its contract with landlord, the insurer had the right to refuse to cover landlord.

Pedestrian slipped and fell in landlord's building in December 1989. In January 1990 pedestrian sued landlord for negligence. Landlord didn't notify its insurer of pedestrian's court action until April 1990. The insurer refused to defend landlord, and landlord sued insurer. The court ruled against landlord. Landlord didn't notify the insurer promptly after the court action was begun. Under its contract with landlord, the insurer had the right to refuse to cover landlord.

90 8th Ave. Housing Co., Inc. v. Andover Companies: NYLJ, p. 31, col. 4 (9/29/95) (App. Div. 2 Dept.; Balletta, JP, Thompson, Santucci, Altman, Hart, JJ)

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