Delayed Notice of Accident Untimely; Insurer Need Not Show Prejudice
In St. Nicholas Cathedral of the Russian Orthodox Church in North America v Travelers Prop. Cas. Ins. Co. (NY App., 1st Dept., Nov. 20, 2007) , court held that insurer properly disclaimed coverage where insured delayed seven months in providing notice of accident. Evidence established that insured was immediately aware of accident, which occurred in front of its property while contractor was performing work on its behalf; and, that a person was injured and removed by ambulance. Moreover, insured was familiar with policy’s notice provisions. Court also held that insurer need not demonstrate prejudice to invoke late notice defense.
