Opinion
04-28-2015
Wendy MATHIS, Plaintiff–Respondent, v. ZURICH AMERICAN INSURANCE COMPANY, et al., Defendants–Respondents.
White Fleischner & Fino, LLP, New York (Janet P. Ford of counsel), for appellant. Belovin & Franzblau, LLP, Bronx (David A. Karlin of counsel), for respondents.
White Fleischner & Fino, LLP, New York (Janet P. Ford of counsel), for appellant.
Belovin & Franzblau, LLP, Bronx (David A. Karlin of counsel), for respondents.
Opinion
Order and judgment (one paper), Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered March 11, 2014, awarding plaintiff a sum of money, unanimously reversed, on the law, without costs, plaintiff's motion for summary judgment denied, and defendants' motion for summary judgment dismissing the complaint granted. The Clerk is directed to enter judgment dismissing the complaint.
Plaintiff failed to comply with the insurance policy's notice of lawsuit requirement, a condition precedent to coverage (see Argo Corp. v. Greater N.Y. Mut. Ins. Co., 4 N.Y.3d 332, 794 N.Y.S.2d 704, 827 N.E.2d 762 [2005] ).
The restrictions of Insurance Law § 3420(d) do not apply to this policy, which was not issued or delivered in the State of New York (see generally FC Bruckner Assoc., L.P. v. Fireman's Fund Ins. Co., 95 A.D.3d 556, 944 N.Y.S.2d 84 [1st Dept.2012] ). In any event, the insurer's disclaimer was timely.
GONZALEZ, P.J., MAZZARELLI, RENWICK, GISCHE, JJ., concur.