Landlord Gave Insurance Company Late Notice of Claim

December 1, 2001

LVT Number: 15425

Landlord was sued for negligence after a murder occurred in its building. Landlord sued its insurance company for denying coverage. The court ruled for landlord after a trial and found that the insurance company should cover landlord for the incident. The insurer appealed, claiming that landlord didn't give notice of its claim on time. The appeals court ruled against the insurance company. Landlord testified that it didn't know at first that an intruder had committed tenant's murder. And landlord wasn't sued by tenant's family until some time after the incident.

Landlord was sued for negligence after a murder occurred in its building. Landlord sued its insurance company for denying coverage. The court ruled for landlord after a trial and found that the insurance company should cover landlord for the incident. The insurer appealed, claiming that landlord didn't give notice of its claim on time. The appeals court ruled against the insurance company. Landlord testified that it didn't know at first that an intruder had committed tenant's murder. And landlord wasn't sued by tenant's family until some time after the incident.

Agoado Realty Corp. v. United Intl. Ins. Co.: NYLJ, 11/29/01, p.21, col. 2 (App. Div. 1 Dept.; Andrias, JP, Wallach, Lerner, Rubin, Buckley, JJ)

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