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Ocean Partners v. North River Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 2006
25 A.D.3d 514 (N.Y. App. Div. 2006)

Opinion

7712.

January 31, 2006.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered November 9, 2004, which granted defendant North River Insurance Company's motion for summary judgment, unanimously affirmed, without costs.

Weg and Myers, P.C., New York (Joshua L. Mallin of counsel), for appellant.

James T. Ferrini, Chicago, IL, of the Illinois Bar, admitted pro hac vice, for respondent.

Before: Buckley, P.J., Friedman, Marlow and Gonzalez, JJ., concur.


The court properly rejected plaintiff's argument that the notice of loss filed by its managing agent — which was listed as a separate insured under the building's insurance policy — satisfied plaintiff's own obligation, as an insured, to supply prompt notice of its particular damage claims. The record fails to establish a principal-agent relationship between these two entities. In fact, the building agent's property manager testified that he had no authority to act on plaintiff's behalf. The record reflects that the managing agent and plaintiff had separate interests in the building and disparate claims to assert in connection with the fire. Ultimately, the managing agent unilaterally withdrew its claim when its $5,000 deductible was not met.

Plaintiff's failure to provide notice of its claim until 28 months after the fire constituted an unreasonable delay and a failure to satisfy a condition precedent to coverage under the policy ( Travelers Ins. Co. v. Volmar Constr. Co., 300 AD2d 40). The insurer's actual knowledge of the fire at the subject building did not relieve plaintiff of its independent obligation to give timely notice of its own claims ( id. at 44). [ See 6 Misc 3d 1013(A), 2004 NY Slip Op 51785(U) (2004).]


Summaries of

Ocean Partners v. North River Ins. Co.

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 2006
25 A.D.3d 514 (N.Y. App. Div. 2006)
Case details for

Ocean Partners v. North River Ins. Co.

Case Details

Full title:OCEAN PARTNERS, LLC, Appellant, v. NORTH RIVER INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 31, 2006

Citations

25 A.D.3d 514 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 555
810 N.Y.S.2d 430

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