Landlord Seeks Coverage for Tenant's Personal Injury Claim

January 1, 1998

LVT Number: 12003

Landlord sued its insurance company, claiming that the insurer was responsible for defending landlord against tenant's personal injury claim. The court ruled for landlord without a trial, and the insurer appealed. The appeals court ruled for the insurer and dismissed landlord's case. Landlord didn't inform the insurer of the attack on tenant until after receiving a summons and complaint from tenant. Landlord also made conflicting statements in the pretrial questioning and in court as to when she became aware that the attack occurred in the building lobby.

Landlord sued its insurance company, claiming that the insurer was responsible for defending landlord against tenant's personal injury claim. The court ruled for landlord without a trial, and the insurer appealed. The appeals court ruled for the insurer and dismissed landlord's case. Landlord didn't inform the insurer of the attack on tenant until after receiving a summons and complaint from tenant. Landlord also made conflicting statements in the pretrial questioning and in court as to when she became aware that the attack occurred in the building lobby. Landlord initially claimed that the attack occurred outside the building. So landlord couldn't claim that she didn't know she might be liable for the attack.

Rich Realty Co. v. Public Service Mutual Ins. Co.: NYLJ, p. 26, col. 6 (12/11/97) (App. Div. 1 Dept.; Sullivan, JP, Milonas, Wallach, Williams, Colabella, JJ)

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