Reliance Ins. Co. of New York v. Garsart Bldg. Corp.

Decision Date29 June 1987
Citation517 N.Y.S.2d 189,131 A.D.2d 828
PartiesRELIANCE INSURANCE COMPANY OF NEW YORK, Plaintiff-Respondent, v. GARSART BUILDING CORP., etc., Defendant-Appellant, J and J Associates, a partnership, et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendants; Planet Insurance Company, Third-Party Defendant-Respondent, et al., Third-Party Defendants.
CourtNew York Supreme Court — Appellate Division

McGuirk, Levinson, Zeccola, Seaman, Reineke & Ornstein, P.C., Central Valley (David L. Levinson, on the brief), for defendant-appellant Garsart Bldg. Corp.

O'Connor, McGuinness, Conte, Doyle, Oleson & Collins, White Plains (Rocco Conte, of counsel), for defendants third-party plaintiffs-appellants.

Jones Hirsch Connors & Bull, New York City (Warren A. Herland and Steven H. Kaplan, of counsel), for plaintiff-respondent and third-party defendant-respondent.

Before MANGANO, J.P., and EIBER, SULLIVAN and HARWOOD, JJ.

MEMORANDUM BY THE COURT.

In an action for a judgment declaring the rights and obligations of the parties under certain policies of insurance, the defendants and third-party plaintiffs J and J Associates, Louis C. Pell and County of Rockland Industrial Development Authority appeal from a judgment of the Supreme Court, Rockland County (Edelstein, J.), entered January 6, 1987, which, after a nonjury trial, (1) declared that plaintiff, Reliance Insurance Company of New York (hereinafter Reliance) had properly disclaimed coverage under its general liability insurance policy issued to the defendant, Garsart Building Corp. (hereinafter Garsart) and was not required to defend and/or indemnify Garsart in an underlying personal injury action, (2) dismissed their counterclaims against the plaintiff, (3) dismissed their third-party action and (4) declared that the third-party defendant, Planet Insurance Company (hereinafter Planet), was not obliged to defend or indemnify Garsart under the Workers' Compensation and employers' liability policy issued to Garsart, and Garsart appeals, as limited by its brief, from so much of the same judgment as declared that Reliance had properly disclaimed coverage under the general liability insurance policy.

ORDERED that the judgment is affirmed, with one bill of costs payable to Reliance by the appellants appearing separately and filing separate briefs.

The facts of this case were previously set forth in the prior decision of this court in Reliance Ins. Co. of N.Y. v. Garsart Bldg. Corp., 122 A.D.2d 128, 505 N.Y.S.2d 160. An insured must give notice of the accident to its insurer within the time limit provided in the insurance policy or within a reasonable time...

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    ...366 A.2d 13 (1976); Terrell v. State Farm Ins. Co., 346 N.W.2d 149, 152 (Minn.1984); Reliance Ins. Co. of New York v. Garsart Building Corporation, 131 App.Div.2d 828, 517 N.Y.S.2d 189, 190 (1987); Podlewski v. Government Employees Ins. Co., 616 S.W.2d 298, 299-300 (Tex.Civ.App.1981); State......
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