United States Second Circuit

Question is certified to the New York Court of Appeals as follows: "Upon all the facts of this case, given the terms of the insurance policy and the reason for the insured's failure to give more prompt notice of the lawsuit to the insurer, should the insurer's disclaimer of coverage be sustained?"

Appellate Information

• Decided 02/15/2008
• Published 02/15/2008

Judges

• CALABRESI, Circuit Judge:, Before:  LEVAL, CALABRESI, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert Scher, Scher & Scher, PC, Great Neck, N.Y., for Plaintiff-Appellant.


• For Appellees:
  
• Janet Ford, White, Fleischner & Fino, LLP, New York, N.Y., for Defendant-Appellee.