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Pandora Indus. v. St. Paul Surplus Lines Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1992
188 A.D.2d 277 (N.Y. App. Div. 1992)
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Summary

holding that a thirty-one day delay failed to satisfy the policy condition

Summary of this case from DeGeorge v. Ace American Insurance Company
See 3 Summaries

Opinion

December 1, 1992

Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).

The IAS Court correctly held that plaintiff cannot recover on its policy with defendant because of its failure to notify defendant of the loss as soon as practicable (see, Heydt Constr. Corp. v American Home Assur. Co., 146 A.D.2d 497, lv dismissed 74 N.Y.2d 651). Plaintiff's good faith belief that the loss was not covered does not excuse the late notice, which was not received until 31 days after the initial loss and after the offending elbow pipe had been replaced and the damaged stock removed.

Concur — Milonas, J.P., Ellerin, Ross, Asch and Kassal, JJ.

Summaries of

Pandora Indus. v. St. Paul Surplus Lines Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1992
188 A.D.2d 277 (N.Y. App. Div. 1992)

holding that a thirty-one day delay failed to satisfy the policy condition

Summary of this case from DeGeorge v. Ace American Insurance Company

finding thirty-one days in violation of prompt notification provision despite good faith belief loss was not covered

Summary of this case from Myers v. Cigna Property and Cas. Ins. Co.

finding a delay of 31 days unreasonable as a matter of law

Summary of this case from Atl. Dev. Grp., LLC v. Interstate Fire & Cas. Co.
Case details for

Pandora Indus. v. St. Paul Surplus Lines Ins. Co.

Case Details

Full title:PANDORA INDUSTRIES, INC., Appellant, v. ST. PAUL SURPLUS LINES INSURANCE…

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

Date published: Dec 1, 1992

Citations

188 A.D.2d 277 (N.Y. App. Div. 1992)
590 N.Y.S.2d 471

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