AMERICAN TRANSIT INSURANCE COMPANY v. Brown

New York Court of Appeals

AMERICAN TRANSIT INSURANCE COMPANY v. Brown

926 N.E.2d 255, 14 N.Y.3d 809, 899 N.Y.S.2d 751

CourtNew York Court of Appeals

DecidedApril 1, 2010

Docket121, SSM 7

StatusPublished

Cited by1 cases

This text of 926 N.E.2d 255 (AMERICAN TRANSIT INSURANCE COMPANY v. Brown) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

AMERICAN TRANSIT INSURANCE COMPANY v. Brown, 926 N.E.2d 255, 14 N.Y.3d 809, 899 N.Y.S.2d 751 (N.Y. 2010).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, defendant Brown’s motion for summary judgment denied, plaintiffs motion for summary judgment granted and judgment granted declaring that plaintiff’s disclaimer of coverage was proper, that it had no obligation to defend or indemnify its insured in the subject underlying action and that it is not responsible for payment of any portion of the judgment rendered therein. Defendant Brown failed to provide a valid excuse for his failure to use reasonable diligence in providing plaintiff insurer with notice of the underlying personal injury action.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, defendant Brown’s motion for summary judgment denied, plaintiffs motion for summary judgment granted and judgment granted declaring that plaintiff’s disclaimer of coverage was proper, that it had no obligation to defend or indemnify its insured in the subject underlying action and that it is not responsible for payment of any portion of the judgment rendered therein. Defendant Brown failed to provide a valid excuse for his failure to use reasonable diligence in providing plaintiff insurer with notice of the underlying personal injury action.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.

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Bluebook (online)

926 N.E.2d 255, 14 N.Y.3d 809, 899 N.Y.S.2d 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-transit-insurance-company-v-brown-ny-2010.

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