COURT DECISIONS

Rough Notes, Aug 2007

On appeal the Supreme Court, Appellate Division, second Department, New York, found that Whitehall did not provide a valid excuse for its delay in notifying Hermitage of the accident. The court also found that Whitehall's complaint against Grober was not valid, even if Grober was negligent, because Grober's alleged negligence was not the cause of Whitehall's alleged injuries.

According to the court, "Where an insurance policy requires that notice of an occurrence be given promptly, notice must be given within a reasonable time in view of all of the facts and circumstances." Under the circumstances of this case, Whitehall's delay of more than twoand-a-half-months was not reasonable. The court affirmed the decision of the lower court and remitted the matter to the lower court for entry of a judgment declaring that Hermitage was not obligated to defend and indemnify Whitehall in the underlying action.

120 Whitehall Realty Associates, LLC vs. Hermitage Insurance Company-Supreme Court, Appellate Division, second Department, New York-May 8, 2007-835 New York Supplement 2d 715.