Court of Appeals of New York

In this insurance coverage dispute, judgment finding that plaintiff did not timely notify defendant insurance company of the underlying accident is modified by denying defendant Metropolitan Opera Association's (the Met) motion for summary judgment on its first cross-claim, and affirmed in all other respects, where: 1) plaintiff's timely notice to its broker does not constitute the notice contemplated by the insurance policy since a broker is normally an agent of the insured; and 2) the Met is not an additional insured under plaintiff's policy, so the question of whether defendant insurance promptly notified the Met that it was disclaiming coverage under that policy due to untimely notice need not be reached.

Appellate Information

• Decided 11/24/2014
• Published 11/24/2014

Judges

Court

• Court of Appeals of New York

Counsel