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N.Y. Central Mutual Fire Ins. v. Filakouris

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 481 (N.Y. App. Div. 1997)

Opinion

June 9, 1997

Appeal from the Supreme Court, Nassau County (Ain, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted for the entry of a judgment declaring that the plaintiff is not required to defend and indemnify the defendants in connection with the underlying personal injury action.

The homeowner's policy issued by the plaintiff insurance carrier New York Central Mutual Fire Insurance Company to the defendants Catina and Christopher Filakouris required, inter alia, that they provide the plaintiff with notice of any "occurrences" "as soon as practical". Under the circumstances of this case, a delay of approximately one year in providing notice of the incident to the plaintiff was unreasonable (see, Allstate Ins. Co. v. Grant, 185 A.D.2d 911; see also, Security Mut. Ins. Co. v. Acker-Fitzsimmons Corp., 31 N.Y.2d 436, 440; Deso v London Lancashire Indem. Co., 3 N.Y.2d 127; Vradenburg v Prudential Prop. Cas. Ins. Co., 212 A.D.2d 913; E.B. Gen. Contr. v. Nationwide Ins. Co., 189 A.D.2d 796; Platsky v. Government Empls. Ins. Co., 181 A.D.2d 764; Virtuoso v. Aetna Cas. Sur. Co., 134 A.D.2d 252).

In light of our conclusion, we need not reach the plaintiff's remaining contention.

Bracken, J.P., Rosenblatt, Thompson and Krausman, JJ., concur.


Summaries of

N.Y. Central Mutual Fire Ins. v. Filakouris

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 481 (N.Y. App. Div. 1997)
Case details for

N.Y. Central Mutual Fire Ins. v. Filakouris

Case Details

Full title:NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant, v. CATINA…

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

Date published: Jun 9, 1997

Citations

240 A.D.2d 481 (N.Y. App. Div. 1997)
659 N.Y.S.2d 771

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