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Case Name | Sorbara Construction Corp. v. AIU Insurance Co. | |
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Date | 10/21/2008 | |
Note | The insured did not give notice to the insurer until it was sued in a third party action--some five and one-half years after the accident. Under the circumstances of this case, such notice was unreasonable as a matter of law and relieved the insurer of its obligation to defend or indemnify the insured. | |
Citation | 00001 | |
WCC Citation | WCC 34452008 CA |
Sorbara Construction Corporation, Appellant, v. AIU Insurance Company, Respondent, HRH Construction Corporation et al. , Defendants. MEMORANDUM: The order of the Appellate Division should be affirmed, with costs. Ins. Co, 294 AD2d 546, 548 [2d Dept 2002]; 57th Street Management Corp v Zurich Ins. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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