A Kings Construction Accident Lawyer said that, this declaratory judgment action arises from an incident on October 23, 2007, in which complainant allegedly tripped and fell over a hose that lay across the sidewalk adjacent to the premises at 1911 Avenue M, Brooklyn, New York (“the Premises”) and sustained bodily injuries. Thereafter, she commenced a personal injury suit pending in the Supreme Court of the State of New York, County of Kings (“the underlying action”). Plaintiff, Insurance Company now submits this motion for summary judgment seeking a declaration that it is not obligated to defend or indemnify respondent Ton the grounds that it failed to provide timely notice of the claim in violation of the policy terms.
A Kings Back Injury Lawyer said that, plaintiff Insurance Company issued a commercial general liability insurance policy to respondent for the subject premises. The policy conditions coverage under the general liability part on receipt of prompt notice of an occurrence or offense that may give rise to a claim. Policy form CG 00 01 10 01, at Section IV – Commercial General Liability Conditions, at paragraph 2 states in relevant part: 2. Duties in the event of Occurrence, Offense, Claim or Suit a. You must see to it that we are notified as soon as practicable of an “occurrence” or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the “occurrence” or offense took place; (2) The names and addresses of any injured person and witnesses; and (3) The nature and location of any injury or damage arising out of the occurrence” or offense. “Occurrence” is defined in Section V – Definitions as follows:
“Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
A Kings Premises Liability Lawyer said that, according to the allegations in the underlying action, the complainant sustained personal injuries when she tripped and fell over a hose laying across the sidewalk adjacent to the insured’s premises. Complainant alleges that respondent and others were negligent in the ownership, maintenance, control and/or supervision of the wires and/or hoses that lay across the aforementioned sidewalk. Plaintiff alleges that respondent forfeited its right to coverage under the policy by waiting seven months before reporting the incident to them, in violation of the policy condition that insured give notice of a claim “as soon as practicable.” On May 21, 2008, approximately seven months after the occurrence took place, plaintiff received first notice of the incident by receipt of a facsimile from vice-president of Respondent Corporation, forwarding a copy of the underlying summons and complaint.
To Be Cont…
If you have a claim against an Insurance Company for damages, seek the help of a Kings Personal Injury Attorney and Kings Wrongful Death Attorney at Stephen Bilkis and Associates in order to file a timely claim.