Brooklyn Union Gas Co. v. N. River Ins. Co.

Full title: BROOKLYN UNION GAS COMPANY, Respondent, v. NORTH RIVER INSURANCE COMPANY…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 10, 1986

124 A.D.2d 621 (N.Y. App. Div. 1986)

508 N.Y.S.2d 26

Opinion

November 10, 1986

Appeal from the Supreme Court, Kings County (Shaw, J.).

Ordered that the order is affirmed, without costs or disbursements.

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 action (see, Home Indem. Co. v State Farm Mut. Auto. Ins. Co., 64 A.D.2d 212; Lauritano v American Fid. Fire Ins. Co., 3 A.D.2d 564, affd 4 N.Y.2d 1028). Lazer, J.P., Niehoff, Lawrence and Kooper, JJ., concur.