Issues Of Fact Remain On Late Notice Issue, N.Y. Appeals Panel Determines

Issues Of Fact Remain On Late Notice Issue, N.Y. Appeals Panel Determines

NEW YORK - Because issues of fact exist as to whether insurers waived their right to disclaim coverage based on late notice in an environmental contamination coverage suit, summary judgment in favor of the insurers was premature, the First Department New York County Supreme Court Appellate Division said March 26 (Long Island Lighting Co., et al. v. Allianz Underwriters Insurance Co., et al., No. 604715/97, N.Y. Sup., App. Div., 1st Dept.; 2013 N.Y. App. Div. LEXIS 1950).

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