From Casetext: Smarter Legal Research

Mill Basin Flower Shop v. U.S. Underwriters

Appellate Division of the Supreme Court of New York, Second Department
Aug 8, 1994
207 A.D.2d 387 (N.Y. App. Div. 1994)

Opinion

August 8, 1994

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


Ordered that the order is affirmed, with costs.

Contrary to the defendant insurance carrier's intention, we find that a question of fact exists as to whether or not the plaintiff's delay in notifying its carrier of an alleged occurrence was, under all of the attendant circumstances, reasonable and premised on a good faith belief that a claim would not be made against the plaintiff (see, E.T. Nutrition v. Central Mut. Ins. Co., 201 A.D.2d 451; Town of Smithtown v. National Union Fire Ins. Co., 191 A.D.2d 426; Zugnoni v. Travelers Ins. Cos., 179 A.D.2d 1033).

Furthermore, questions of fact exist as to whether or not the alleged occurrence falls within the completed operations hazard and/or the products hazard exclusion of the relevant general liability insurance policy (cf., Logan's Silo Sales Serv. v Nationwide Mut. Fire Ins. Co., 185 A.D.2d 651).

Under these facts, summary judgment in favor of the defendant insurer was properly denied. Lawrence, J.P., O'Brien, Copertino and Friedmann, JJ., concur.


Summaries of

Mill Basin Flower Shop v. U.S. Underwriters

Appellate Division of the Supreme Court of New York, Second Department
Aug 8, 1994
207 A.D.2d 387 (N.Y. App. Div. 1994)
Case details for

Mill Basin Flower Shop v. U.S. Underwriters

Case Details

Full title:MILL BASIN FLOWER SHOP, INC., Doing Business as FLOWER DEN, Respondent, v…

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

Date published: Aug 8, 1994

Citations

207 A.D.2d 387 (N.Y. App. Div. 1994)
616 N.Y.S.2d 50