Opinion
December 8, 1998
Appeal from the Supreme Court, New York County (Lorraine Miller, J.).
The motion court correctly held that plaintiffs' five-year delay in giving defendant notice of claim was not justified under the subject policy. The policy required notice as soon as practicable of any claim made against any insured, "insured" being defined not only as the members of the cooperative's board of directors, who were added as defendants in the underlying action in 1996, but also the cooperative itself, which was named as a defendant in the original 1991 complaint. Accordingly, defendant's disclaimer of coverage was valid ( see, American Home Assur. Co. v. International Ins. Co., 90 N.Y.2d 433).
Concur — Sullivan, J. P., Rosenberger, Wallach and Mazzarelli, JJ.