The plaintiff in this case was the Legion Insurance Company, while Abraham Weiss was the respondent.
This appeal is in regards to another action. The original case is known as Jordan v Weiss. This case was a personal injury claim filed in the Supreme Court of Kings County. It was identified by Index Number 46083/99. The appeal is a request for a summary judgment that would remove any obligation on the part of the plaintiff to defend and indemnify Mr. Weiss in the previous personal injury case. A New York Injury Lawyer said originally, the defendant’s motion for summary judgment had been granted, while the plaintiffs cross motion for a ruling in its favor had been denied.
The initial order issued by the Supreme Court in Kings County is affirmed during the appeal. The case is returned to the Kings County Supreme Court so that a judgment can be logged which states that Legion Insurance is legally obligated to defend the defendant. This also extends to the responsibility to indemnify the defendant should such be necessary. A Staten Island Personal Injury Lawyer said this ruling applies to the previous case in question. Jordan v Weiss (Index Number 46083/99) is the case in which Legion must now defend Mr. Weiss when it resumes in the Supreme Court.
The person injured in a personal injury lawsuit or the insured person is entitled to make an insurance claim to the issuer of a policy according to Insurance Law 3420 (a)(3). There is a further section found in Insurance Law 3420(d) which allows the provider of insurance to disclaim coverage. However, in order to do so, a written notice that provides the terms of the disclaimer must be issued within a reasonable time-frame.
Such a disclaimer cannot be general however. Instead, it must be extremely specific in telling the claimant which terms apply to the disclaimer of coverage. A Queens Personal Injury Lawyer said that in this case, the only basis for the lack of coverage was defined by the fact that Mr. Weiss didn’t notify the insurer of the claim. Since the person who was injured, rather than Mr. Weiss, was the party to give notice of the claim, this disclaimer cannot apply.
This means that legion cannot use the late notice of the injury claim as a reason to deny coverage to the defendant, as this provision was not accounted for in the disclaimer of the insurance.
This is why the Supreme Court was correct when it initially claimed that Legion Insurance must defend Mr. Weiss in the case of Jordan V. Weiss.
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