Brooklyn Union Gas Co. v. North River Insurance

Appellate Division of the Supreme Court of New York

Brooklyn Union Gas Co. v. North River Insurance

124 A.D.2d 621, 508 N.Y.S.2d 26, 1986 N.Y. App. Div. LEXIS 61931

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1986·Published·Cited by 4 cases

Opinion

The late service of a notice of a third-party action commenced against North River’s insured did not relieve it of the obligation to defend and indemnify United, since North River received timely notice of the accident and the main action to recover damages for personal injuries brought against the plaintiff in the instant action, conducted a further investigation, and had the opportunity to defend in the third-party [622]*622action (see, Home Indem. Co. v State Farm Mut. Auto. Ins. Co., 64 AD2d 212; Lauritano v American Fid. Fire Ins. Co., 3 AD2d 564, affd 4 NY2d 1028). Lazer, J. P., Niehoff, Lawrence and Hooper, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

The late service of a notice of a third-party action commenced against North River’s insured did not relieve it of the obligation to defend and indemnify United, since North River received timely notice of the accident and the main action to recover damages for personal injuries brought against the plaintiff in the instant action, conducted a further investigation, and had the opportunity to defend in the third-party [622]*622action (see, Home Indem. Co. v State Farm Mut. Auto. Ins. Co., 64 AD2d 212; Lauritano v American Fid. Fire Ins. Co., 3 AD2d 564, affd 4 NY2d 1028). Lazer, J. P., Niehoff, Lawrence and Hooper, JJ., concur.

Brooklyn Union Gas Co. v. North River Insurance, 124 A.D.2d 621, 508 N.Y.S.2d 26, 1986 N.Y. App. Div. LEXIS 61931 (N.Y. Ct. App. 1986).

Pincite

124 A.D.2d 621 (Brooklyn Union Gas Co. v. North River Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related